BECAUSE OF the disparities between Member States legal systems as regards the enforcing of Intellectual Property rights, the EU recognised many years ago that such disparities made it impossible to ensure an equivalent level of protection for Intellectual Property throughout the Community.
Accordingly in 2004, in order to rectify this, the EU adopted the Directive on the Enforcement of Intellectual Property Rights (2004/48) (IP Enforcement Directive). This Directive was implemented in Ireland by statutory instrument 360 of 2006. The IP Enforcement Directive does not affect member states’ intellectual obligations including those under the TRIPS Agreement.
The Directive additionally does not affect substantive law on Intellectual Property such as that in the Computer Programs Copyright Directive (Directive 2009/24), the eCommerce Directive (Directive 2000/31), the Copyright and Related Rights Directive 2001/29 each of which is implemented in Irish law and which can be relevant to the enforcement of intellectual property rights.