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Some issues protection of intellectual property rights in EU Directive 2004\/48\/EC On the protection of intellectual property rights<\/strong><\/p>\n\n\n\n<\/div>\n\n\n\n
Andrii Shabalin<\/strong>
Ukraine<\/p>\n\n\n\n<\/div>\n\n\n\n
Abstract
<\/strong>In the article explores the protection of intellectual property rights in the European Union. Attention is paid to the provisions Directive 2004\/48\/EC On the protection of intellectual property rights. The application of this Directive 2004\/48\/\u0415\u0421 is studied as at the general European level, and the features of the legal application of the directive in the legislation of individual EU member states are studied. In this article says that the main goal of this Directive is to create an effective mechanism for the protection of intellectual property rights in the common European space (EU), for the further development of an innovative economy. The analysis of the peculiarities of enforcement practice in the implementation of the EU-2004\/48\/EU Directive in certain EU member states (Hungary, Austria, etc.), identifies the main issues related to the application of the provisions of the above-mentioned Directive, in particular, points to the different understanding of \u00abadditional payments\u00bb in some EU member states: Germany, Czech Republic. There is in practice the question of the question of how to obtain the creator of supplementary payments (compensation). So, in Austria, the Czech Republic, Germany, Romania, the basis for determining the amount of additional compensation is double the amount of royalty. In 2016, the European Commission prepared a new report on the enforcement of intellectual property rights in EU member states. In this report, the Commission emphasizes that the IPR procedures contained in EU\/2004\/48 have greatly contributed to raising the level of protection of intellectual property rights in the EU, contributing to the creation of a unified legal framework. The report also states that the Directive is consistently and effectively integrated into the right of EU member states. Now (o date), the provisions of EU\/2004\/48 Directive have been implemented in virtually all EU member states. For example, in Latvia \u2014 the Law \u00abOn Trademarks and Geographical Names\u00bb (as of 010.010.2016), the Law \u00abOn Patents\u00bb (as of 01.01.2016), the Law \u00abOn Copyright\u00bb (as of 01.01.2014) ; in Lithuania \u2014 the Law \u00abOn Industrial Designs\u00bb IX-1181 (as of July 1, 2008); Romania \u2014 Law \u00abOn the Protection of Industrial Property Rights\u00bb No. 280\/2005; Spain \u2014 The Law \u00abOn Protection of Intellectual Property and the Settlement of Simplification of the Application of EU Procedures\u00bb No. 19\/2006 of 05.06.2006, as well as the corresponding amendments were made to the Law of Spain \u00abOn Civil Procedure\u00bb No. 1\/2000 of January 7, 2000; Greece \u2014 Law on Transfer of Technologies, Removals and Innovations No. 1733\/1987; Hungary \u2014 Law on the Protection of Trademarks and Geographical Indications. An analysis of the implementation of the Directive leads to the conclusion EU \/ 2004\/48 Directive has become widely implemented in the European space and is an actual document for EU member states in their system of legal protection of intellectual property rights.<\/p>\n\n\n\nKeywords: <\/strong>EU, Directive 2004\/48\/EU, protection of intellectual property rights, European Commission, EU Court, protection of intellectual property rights in the EU<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"Theory and practice of intellectual property\u2116 6 \/ 2018 ISSN (Print) 2308-0361ISSN (Online) 2519-2744 DOI: https:\/\/doi.org\/10.33731\/62018.162525 Published 2018-12-26 Some issues protection of intellectual property rights in EU Directive 2004\/48\/EC On the protection of intellectual property rights Andrii ShabalinUkraine AbstractIn the article explores the protection of intellectual property rights in the European Union. Attention is paid […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-10823","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/pages\/10823","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/comments?post=10823"}],"version-history":[{"count":3,"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/pages\/10823\/revisions"}],"predecessor-version":[{"id":10827,"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/pages\/10823\/revisions\/10827"}],"wp:attachment":[{"href":"https:\/\/inprojournal.org\/en\/wp-json\/wp\/v2\/media?parent=10823"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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