The enforcement of intellectual property rights in the European Union

Abstract

This dissertation has three aims. Firstly, to critically examine and analyse Directive 2004/48/EC on the enforcement of intellectual property rights. This Directive is the first horizontal instrument which aims at preventing counterfeiting and piracy in the European Union. It introduces far-reaching measures in respect of which no Member State is fully compliant and has raised concern among consumer organisations and civil liberties groups claiming that universities, internet providers and ordinary people could end up prosecuted. It is particularly from this point of view that the measures, procedures and remedies provided in the Directive will be examined. This dissertation is greatly concerned with whether the provisions of the Directive are too extensive so as to impinge on the alleged infringer's rights. In this respect it is claimed that the directive contains vague provisions which often leave room for interpretation. It is, thus argued that Member States should implement the measures of the Directive, particularly the more onerous ones, in a way which necessitates specific and not too lax legal requirements to be fulfilled by the right holder. Secondly, to examine the Directive's implications for intellectual property practice in Malta. In this regard, the measures and procedures of the Directive are compared and contrasted to those already available under Maltese law. From this analysis it results that some of our provisions, especially the precautionary warrants, are modelled for civil law cases and are difficult to apply in cases of infringements of intellectual property rights. Finally, to follow the latest developments proposed by the Commission with regards to strengthening the fight against piracy and counterfeiting.