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ACTIVITIES > Internal market > Copyright > Management of Rights > eCommerce Directive > Postal issues Copyright Enforcement Directive (2004/48/EC) The Directive requires all Member States to apply effective, dissuasive and proportionate remedies and penalties against those engaged in counterfeiting and piracy and so create a level playing field for right holders in the EU. It means that in once the deadline for implementation has been reached, all Member States will have a similar set of measures, procedures and remedies available for right holders to defend their intellectual property rights (be they copyright or related rights, trademarks, patents, designs, etc) if they are infringed. It concentrates on infringements carried out for commercial purposes or which cause significant harm to right holders. The proposed Directive is based on best practices in the Member States. Even though the deadline for implementation is over, some Member States have still not implemented. Latest developments: The countries which have implemented so far are: Denmark, Finland, Austria, Ireland, Italy, UK, Spain, Check Rep, Estonia, Cyprus, Hungary, Slovenia and Bulgaria. Countries which have not implemented yet: Germany, Portugal, Luxembourg, Sweden, Greece, Poland, Latvia, Lithuania, France and Belgium. In June 2007, the Commission has referred France, Germany, Luxembourg, Portugal and Sweden to the European Court of Justice for failure to communicate national measures implementing the Enforcement Directive. Link to document : http://www.europa.eu.int/comm/internal_market/copyright/enforcement/enforcement_en.htm Rental and lending right and certain related rights (1992/100/EEC) Public Lending Right (PLR) is the right for rights holders to receive remuneration for the free use of their work in libraries. On 19 November 1992, a Directive was promulgated within the European Community stipulating that each Member State must provide for a lending right, whereby authors and holders of copyright related rights would enjoy the exclusive right to authorise or prohibit the lending of their works. This exclusive right may be derogated, if provision is made for remuneration. Moreover, EU Member States determine the extent of the remuneration themselves and may also exempt categories of establishments from having to pay this remuneration. The Directive opts for a copyrighted approach to the rental and lending right. Latest developments: Countries, which still do not have functioning PLR systems, but seem to be progressing towards that objective, are Belgium, France, Luxembourg and Italy. Link to document: http://ec.europa.eu/internal_market/copyright/rental-right/rental-right_en.htm Harmonisation of certain aspects of copyright and related rights in the Information society (2001/29/EC) Since the first implementation of the 2001 Directive, FEP has kept its members informed of the various legislative procedures in the Member States. FEP has continued to watch all development in regards to the implementation of the Copyright Directive as the latest phase to achieve full implementation in all countries fortunately comes closer. Latest developments: During the course of 2006, Spain, France and the Czech Republic have finalised the formal implementation of the Directive in their legislation. Germany must now finalise its full implementation during the coming months in a proposal of a second basket of legislative measures. Link to document: http://europa.eu/scadplus/leg/en/lvb/l26053.htm  | |
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