Commentary

106 Council Directive (EC) 2004/48 on the enforcement of intellectual property rights

ENTERTAINMENT AND MEDIA vol 15(1) commentary, music industry documentation
| Commentary

106 Council Directive (EC) 2004/48 on the enforcement of intellectual property rights

| Commentary

106 Council Directive (EC) 2004/48 on the enforcement of intellectual property rights

The means of enforcing intellectual property rights are of paramount importance for the success of the internal market1. Following consultation with member states, the European Union established that major disparities existed relating to the means of enforcing intellectual property rights. The arrangements for applying provisional measures used to preserve evidence, the calculation of damages and the arrangements for applying for injunctions varied widely from one member state to another2.

The Commission concluded that the disparities between the various means of enforcing intellectual property rights were prejudicial to the proper

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