An in-depth analysis of the enforcement directive (IPRED), its effectiveness and application in Maltese Law

Abstract

This thesis discusses the implementation of Directive 2004/48/EC into the national laws of the Member States of the European Union, focusing in particular on the transposition of this legislative tool into Maltese procedural law. In doing so, the thesis aims to furnish an evaluation as to the overall effectiveness of the so-called ‘Enforcement Directive’, the substance of which targets the enforcement of intellectual property rights via an array of measures, procedures and remedies. Whilst aptly defining the measures made available to right holders throughout the European Union as a result of the enactment of this Directive, the thesis examines the different modes of implementation utilised by the various Member States and the way in which such differ. This exercise is conducted in order to verify whether the Directive has realistically managed to attain one of its main objectives: to achieve a homogenous and uniform level of protection for right holders throughout the Union. Further reading will emphasise the perception that, while the desired level of protection has not yet been fully reached, this Directive has allowed for a giant step in the right direction. A national scale analysis of the transposition of the main provisions is conducted to evidence the differences that exist between the measures made available in this context in Malta prior to the transposition of the Directive and their newly-introduced counterparts. This exercise is carried out to establish the necessity of the discussed implementation, while enabling a proper evaluation of the value of the legislative instrument which has transposed the provisions in question, which enactment is deemed to be nothing but beneficial to our legal system.