[drn-discuss] IP Enforcement Directive consultation: deadline Oct 7th 2005

Tue Jul 26 07:03:36 CDT 2005

Permanent link for this info: http://www.okfn.org/drn/node/62
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Link:
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<a href="http://www.patent.gov.uk/about/consultations/enforce05/">
   http://www.patent.gov.uk/about/consultations/enforce05/
</a>

Deadline:
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2005-10-07

Who:
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The consultations are open so anyone can respond.
<a href="http://www.patent.gov.uk/about/consultations/enforce05/annexe.htm">
Annex E</a> lists those orgs formally sent a consultation document.

How To Respond
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Please send responses by Friday 7 October 2005 to:

Jeff Watson
Intellectual Property & Innovation Directorate
The Patent Office
Concept House
Cardiff Road
Newport
NP10 8QQ

Fax: +44 (0) 1633 814922
Tel: +44 (0) 1633 813650
Email: EnforcementDirective at patent.gov.uk

Summary of Consultation
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From: <a 
href="http://www.patent.gov.uk/about/consultations/enforce05/subject.htm">
   http://www.patent.gov.uk/about/consultations/enforce05/subject.htm
</a>

The Commission submitted their original proposal for a Directive to 
ensure the enforcement of intellectual property rights in March 2003. 
The European Parliament's Committee on Legal Affairs and the Internal 
Market agreed their report on the Directive in November 2003, and 
informed the Council of Ministers that they hoped the Directive could be 
adopted at First Reading. Following the European Parliament’s report, 
there were intensive negotiations in the Council Working Party and 
Permanent Representatives Committee which resulted in a compromise 
proposal that was adopted after a First Reading in April 2004.

As recorded in the Explanatory Memorandum presented to our Parliament in 
March 2004, significant changes were made in the adopted Directive 
compared the Commission's original proposal. The Directive is broadly 
consistent with the current UK framework for the enforcement of 
intellectual property rights, and provides a sound basis for harmonising 
civil measures available to enforce intellectual property rights across 
the European Community. The Commission's original proposal included 
criminal sanctions, but most member states (including the UK) considered 
it inappropriate to include them in such a Single Market measure 
intended to encourage the free movement of goods.

IP crime has a serious economic effect in the UK and across the European 
Community, and the Patent Office is continuing to widen its role in 
helping fight intellectual property crime. Our IP Crime Group published 
the first National IP Crime Strategy (PDF file 927Kb) in August 2004 and 
the first National Enforcement Report (PDF file 791Kb) was produced 
earlier this year. The Commission's current work programme also includes 
two new proposals for criminal sanctions for intellectual property 
infringements, which they expect to finalise shortly.