Time for Article 4 to be enacted
If the IPO is serious about intellectual property rights then implement Article 4
The Federation Against Software Theft has called on the UK Government’s Intellectual property Office (IPO) to enact Article 4 of the Directive 2004/48/EC of the European Parliament and of the Council on the Enforcement of Intellectual Property Rights.
The chance is now for the UK to state this in its representations to the European Commission following publication of its assessment report on the Enforcement Directive. The European Commission is conducting a public consultation on any future measures that might be envisaged. Stakeholders had the opportunity to inform the IPOs response.
For a number of years, FAST has been campaigning for the UK implementation of the Directive and in particular Article 4*, which would give FAST the legal right in its own name to take action in protecting its members against infringements.
Julian Heathcote Hobbins, General Counsel, FAST, stated: “We were very concerned way back 2006 at the decision then not to implement into UK law these provisions, as intended by Article 4 of the Directive. This major change contemplated by the Directive was and remains central to the availability of effective IP enforcement in this country.”
“Where intellectual property is infringed, there can often be multiple and discrete elements to tackle – copyright, trademarks and designs. Collective enforcement by enforcement bodies and representative associations is often the appropriate and, in truth, the only way forward.”
“Although we note that the requirement in Article 4 (c) is followed by the words, ‘in so far as is permitted by and in accordance with the provisions of the applicable law’, we do not believe that its full implementation is a matter of gold-plating: the requirement for recognition is central to the theme and determination of this Directive,” he added.
“Without the proper implementation of Article 4, we take the view that this country has erred in its proper implementation of the Directive. More importantly, it causes a disconnect between the important steps taken forward at a European level to ensure the more extensive and vigorous enforcement of the intellectual property rights on which much of this country’s endeavours depend” he concluded.
NOTES TO EDITORS
Article 4
Persons entitled to apply for the application of the measures, procedures and remedies Member States shall recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this chapter:
(a) the holders of intellectual property rights, in accordance with the provisions of the applicable law;
(b) all other persons authorised to use those rights, in particular licensees, in so far as permitted by and in accordance with the provisions of the applicable law;
(c) intellectual property collective rights-management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law;
(d) professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law.
About FAST
The Federation Against Software Theft was formed in 1984; it was the first organisation globally to champion the professional management of legitimate software and protect publishers’ rights. It aims to reduce, restrict and or lessen the incidence of unauthorised dealings in computer software.
FAST is a not-for-profit organisation limited by guarantee and wholly owned by its members. It works on many fronts to promote the legitimate use of software and protect its members’ rights through education, enforcement, lobbying and promoting standards and best practice in business. www.fastiis.org
For more information please contact:
Richard Merrin/Georgina Heaume
Spreckley Partners Ltd.
T: 020 7388 9988
E: cif@spreckley.co.uk
