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Have your say on the enforcement of intellectual property rights Published on: 09/12/2015, Last update: 26/01/2016

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Deadline:
15/04/2016.

Today the European Commission has published a public consultation on the evaluation and modernisation of the legal framework for the enforcement of intellectual property rights (IPR).

With this consultation the Commission seeks views from all interested parties, in particular rightholders, the judiciary and legal profession, intermediaries, public authorities, consumers and civil society, on the question if the legal enforcement framework is still fit for purpose.

In its Digital Single Market strategy the Commission committed to undertake a set of targeted actions which aim to foster the cross-border digital economy but also aim to ensure a safe online environment for business operators and consumers.

Among the concrete actions envisaged is the modernisation of IPR enforcement, focusing on commercial-scale infringements (the 'follow the money' approach) and its cross-border applicability. The Single Market Strategy reiterates these objectives, emphasising the Commission's horizontal approach to IPR enforcement and the need to strengthen the protection of all IPR.

The consultation therefore aims to help assess the functioning of Directive 2004/48/EC on the enforcement of intellectual property rights (IPRED) in the online environment, with a view to identify the possible need for adapting such provisions and to propose corrective measures. It will gather experience on the use and impact of IPRED and also seek views and opinions from those concerned with the application of the Directive on its functioning and the possible need for amendments. It also aims to gather experience and opinions about the use and impact of so-called 'follow the money' initiatives in the area of IPR enforcement.

The consultation consists of 5 different questionnaires for the different stakeholder groups (rightholders, the judiciary and legal profession, intermediaries, Member States and public authorities, and consumers and civil society). The public consultation is available in 6 languages (DE, EN, ES, FR, IT, PL). Respondents can reply in any of the official EU languages.

The consultation will run until 15 April 2016 (for a 12-week period starting on the date when consultation texts were published in all 6 languages).

Access the consultation documents for the different stakeholder groups: