The "Directive on measures and procedures to ensure the enforcement of intellectual property rights" was finally approved by the EU in April last year and is due to be implemented by 29th April 2006.
It is intended to help intellectual property right holders in the fight against counterfeiting and piracy by providing a level playing field for actions brought in any part of the EU. It is also hoped that consistent regulation across the EU will encourage cross-border investment and increase the movement of goods and knowledge across the EU.
The Directive covers infringements of intellectual property rights provided under both Community law and the national law of the Member States. It includes procedures covering evidence and the protection of evidence and provisional measures such as injunctions and seizure.
It does not, however, include controversial provisions on criminal sanctions that had been the subject of much criticism by civil liberties and consumer groups prior to the passing of the Directive.
The European Commission has now published separate proposals to combat criminal infringements of intellectual property rights, and these are being taken forward by the European Council and Parliament.
The Patent Office consultation will run until 7th October.
