IPRED next episode

To creat a framework for the revision of the directive (Directive on the enforcement of intellectual property rights, Directive 2004/48/EC) the Commission issued a Roadmap
The document urges to revise the directive because:
-A number of other issues have been raised, that could be hampering a proper enforcement of intellectual property rights in particular for SMEs, such as:

*the use of provisional and precautionary measures, procedures to gather and preserve evidence (problem of relation between the right of information and protection of privacy)

*the meaning of various corrective measures, including the costs of destruction, the calculation of damages”

-the main problems which this initiative will address are challenges posed by the internet as the original Directive has not been designed to deal with them
To prepare the new directive  a report called Gallo Report‘ was issued:
(-) Disturbing parts
“34.  Draws attention, furthermore, to the growing problem of  *Internet-based industrial espionage* and *theft of data* constituting industrial property, in particular technical documentation and source code;
35.  Proposes that the Observatory should carry out a detailed analysis of the problem of *data theft* and put forward proposals for combating the problem;”
This is not a legally binding document but it will prepare the work of the Commission with its advices.

13.  Calls on the Commission to ensure that the measures aimed at strengthening the application of intellectual property rights in the internal market do not impinge on the legitimate right to interoperability, this being essential to healthy competition on the digital works distribution market, inter alia for the authors and users of free software;

Additional conclusions:

  • directive should only apply to “for-profit infringements”, or acts carried on with “commercial intent”
  • it should not mixes up all kinds of infringements
  • should be i line with the Directive 2009/24/EC on the legal protection of computer programs (decompilation part)
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