Some issues protection of intellectual property rights Directive 2004/48/EC «On the protection of intellectual property rights»

Abstract

In the article explores the protection of intellectual property rights in the European Union. Attention is paid to the provisions Directive 2004/48/EC On the protection of intellectual property rights. The application of this Directive 2004/48/EC is studied as at the general European level, and the features of the legal application of the directive in the legislation of individual EU member states are studied. In this article says that the main goal of this Directive is to create an effective mechanism for the protection of intellectual property rights in the common European space (EU), for the further de­velopment of an innovative economy. The analysis of the peculiarities of enforcement practice in the implementation of the EU-2004/48/EU Directive in certain EU mem­ber states (Hungary, Austria, etc.), identifies the main issues related to the applica­tion of the provisions of the above-mentioned Directive, in particular, points to the dif­ferent understanding of «additional payments» in some EU member states: Germany, Czech Republic. There is in practice the question of the question of how to obtain the creator of supplementary payments (compensation). So, in Austria, the Czech Repub­lic, Germany, Romania, the basis for determining the amount of additional compensa­tion is double the amount of royalty. In 2016, the European Commission prepared a new report on the enforcement of intellectual property rights in EU member states. In this report, the Commission emphasizes that the IPR procedures contained in EU/2004/48 have greatly contributed to raising the level of protection of intellectual property rights in the EU, contributing to the creation of a unified legal framework. The report also states that the Directive is consistently and effectively integrated into the right of EU member states. Now (o date), the provisions of EU/2004/48 Directive have been implemented in virtually all EU member states. For example, in Latvia — the Law «On Trademarks and Geographical Names» (as of 010.010.2016), the Law «On Patents» (as of 01.01.2016), the Law «On Copyright» (as of 01.01.2014) ; in Lithuania — the Law «On Industrial Designs» IX-1181 (as of July 1, 2008); Romania — Law «On the Protection of Industrial Property Rights» No. 280/2005; Spain — The Law «On Protection of Intellectual Property and the Settlement of Sim­plification of the Application of EU Procedures» No. 19/2006 of 05.06.2006, as well as the corresponding amendments were made to the Law of Spain «On Civil Procedure» No. 1/2000 of January 7, 2000; Greece — Law on Transfer of Technologies, Removals and Innovations No. 1733/1987; Hungary — Law on the Protection of Trademarks and Geographical Indications.An analysis of the implementation of the Directive leads to the conclusion EU / 2004/48 Directive has become widely implemented in the European space and is an actual document for EU member states in their system of legal protection of intellec­tual property rights.