Orientări cu privire la anumite aspecte ale Directivei 2004/48/ce a Parlamentului European și a Consiliului privind respectarea drepturilor de proprietate intelectuală
Guidelines on certain aspects in Directive 2004/48/EC of the European Parliament and of the Council regarding the observance of intellectual property rights

Summary/Abstract: Directive 2004/48/EC establishes a minimum set of measures, procedures and means of redress intended to ensure the respect of intellectual property rights through civil law institutions, at a high level of protection, equivalent and homogeneous within the European internal market, in order the harmonization of national laws in the field following the transposition of the directive. This was transposed into the legislation of the member states and produced effects, the European Commission noting in the procedure for evaluating the effectiveness of the measures taken, based on the national reports, remarkable progress, but also the different interpretation of some provisions of the directive, which is why it issued guidelines with nonbinding authentic interpretation value. The purpose pursued by the author is the dissemination of information from these guidelines, in order to be as well known as possible and to facilitate the interpretation and application of the directive by the competent judicial authorities and by other parties involved in ensuring compliance with IPR within the procedures carried out before the respective authorities, meaning in which the first part looks at the period from the adoption of the directive until the issuance of the guidelines, and the second part will look at subsequent developments until now.

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