Passionate about IP! Since June 2003 the IPKat has covered copyright, patent, trade mark, designs, info-tech and confidentiality issues from a mainly UK and European perspective. Read, post comments and participate!

The team is Eleonora Rosati, Annsley Merelle Ward and Merpel. E-mail the Kats here!

The team is joined by GuestKats Kevin Bercimuelle-Chamot, Jocelyn Bosse, Alessandro Cerri, Anastasiia Kyrylenko, Marcel Pemsel and Anna Maria Stein.

SpecialKats: Verónica Rodríguez Arguijo (TechieKat), Antonios Baris (Book Review Editor), Rose Hughes (PatKat) and Chijioke Okorie (Africa Correspondent).

InternKats: Asude Sena Moya and Söğüt Atilla.
Home / Implementation of EU Directives / Jeremy Phillips / Iberians struggle in Luxembourg

Iberians struggle in Luxembourg

- ,
Curia reports today that the Commission of the European Communities is bringing proceedings against the Republic of Portugal in Case C-24/08 for failing to implement Directive 2004/48 of the European Parliament and of the Council on the enforcement of intellectual property rights --or, just in case Portugal has implemented it, for not telling the Commission that it has done so.

Left: never mind IP enforcement, this Portuguese technical prevention measure has a built-in deterrent effect. Just drop your computer into the bath with one of these swimming about and no hacker go near it ...

Says the Curia notice, "The period prescribed for transposing the Directive into national law expired on 29 April 2004". That's a bit hard on the Portuguese. For everyone else it seems that Article 20 ("Implementation") says:
"1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 29 April 2006 . They shall forthwith inform the Commission thereof".
The IPKat asks his Portuguese readers: have you really not implemented my favourite enforcement directive -- or did you only forget to tell the Commission? Post your answers below or email me here.


Meanwhile, on the larger chunk of the Iberian peninsula, things haven't been going so well for the Spanish either. Judgment in Case C-32/07 Commission v Spain was posted on the Curia website this morning too. Says the Court,

" by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Directive 2001/84 ... on the resale right for the benefit of the author of an original work of art, the Kingdom of Spain has failed to fulfil its obligations under that directive".
Merpel says, being a kultured kat, I've a question for you. What is the connection between this lovely portrait and the failure of Spain to implement Directive 2001/84? There are no prizes, because this is either something you know or something you don't. But if you do, then let me know by email here.
Iberians struggle in Luxembourg Iberians struggle in Luxembourg Reviewed by Jeremy on Tuesday, March 11, 2008 Rating: 5

No comments:

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here: http://ipkitten.blogspot.com/p/want-to-complain.html

Subscribe to: Post Comments ( Atom )
Powered by Blogger.