Report on the Application of Directive 2004/48/EC
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On 22 December 2010, the European Commission published a report on the impact and implementation of Directive 2004/48/EC on the enforcement of intellectual property rights, which came into force on 20 May 2004 and which was implemented by Ireland under European Communities (Enforcement of Intellectual Property Rights) Regulations 2006 (SI 360 of 2006).
The Commission notes that while noteworthy progress in enforcement has been made since the Directive was implemented, the sheer volume and financial value of intellectual property rights infringements is "alarming". It cites one reason for this as being the opportunities offered by the internet to facilitate infringement - a challenge the Directive was not designed to address.
It also notes that several issues deserve further attention, for example the need to clarify the meaning of various corrective measures e.g. the calculation of damages.
The Commission welcomes feedback from all interested parties on this report by 31 March 2011.
