Jumat, 15 April 2005

Enforcement: A Clarification


A Statement yesteryear the European Commission inwards the Official Journal of the EU L 94/37 (13 Apr 2005) declares equally follows:

STATEMENT BY THE COMMISSION concerning Article ii of Directive 2004/48/EC of the European Parliament as well as of the Council on the enforcement of intellectual holding rights (2005/295/EC)

Directive 2004/48/EC of the European Parliament as well as of the Council of 29 Apr 2004 on the enforcement of intellectual holding rights (1) states inwards Article 2(1) that the Directive applies to whatsoever infringement of intellectual holding rights equally provided for yesteryear Community constabulary and/or yesteryear the national constabulary of the Member State concerned.

The Commission considers that at to the lowest degree the next intellectual holding rights are covered yesteryear the compass of the Directive:

— copyright,
— rights related to copyright,
— sui generis correct of a database maker,
— rights of the creator of the topographies of a semiconductor product,
— merchandise order rights,
— blueprint rights,
— patent rights, including rights derived from supplementary protection certificates, — geographical indications,
— utility model rights,
— establish diverseness rights,
— merchandise names, inwards as well as thus far equally these are protected equally exclusive holding rights inwards the national constabulary concerned.

notes that this listing does non explicitly cite know-how, confidential information as well as merchandise secrets, the juridical nature of which is unclear -- only nor does it exclude them.

Enforcement directive here

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