Book contents
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Chapter 29 - Enforcement of Intellectual Property Rights In the United Kingdom
Published online by Cambridge University Press: 12 April 2019
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Summary
INTRODUCTION
The United Kingdom comprises a number of separate jurisdictions. In broad terms these are England and Wales, Scotland and Northern Ireland.
Substantive rules of intellectual property (IP) law are generally harmonised in the UK but procedural regimes can vary somewhat, with particular differences in procedure between England and Wales on the one hand, and Scotland on the other.
References to the UK, England and Scotland in this chapter should be understood accordingly (with references to England covering both England and Wales). The terms “United Kingdom” (“UK”) and “England” are not synonymous. Procedurally, the focus of this chapter is on England and Wales, as the UK jurisdiction in which the majority of IP litigation takes place. Scotland remains a significant jurisdiction, however, and there may be cases where Scotland is the appropriate jurisdiction for IP infringement proceedings, particularly where Scotland is the location of the acts of alleged infringement in question.
NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE
A. PRIMARY AND SECONDARY LAW
Changes to substantive UK law to ensure implementation of the Enforcement Directive were implemented by the Intellectual Property (Enforcement, etc.) Regulations 2006 (SI 2006 No. 1028) (the “IP Enforcement Regulations 2006”), which came into force on 29th April 2006.
In addition, changes to the Civil Procedure Rules (“CPR”), applicable to proceedings in England and Wales (and in particular changes to Rule 25 dealing with interim remedies), were introduced as part of the 41st update of those Rules (the Civil Procedure (Amendment No. 4) Rules 2005 (SI 2005/1315)), which came into force on 6th April 2006.
B. TRANSPOSITION ISSUES
According to the UK government, the provisions of the Enforcement Directive, although representing EU best practice were in large part derived from UK law, thus the changes necessary to implement the Enforcement Directive were relatively minor.
No express provision was made for any change in the law by reason of Articles 2, 3, 6, 7, 11, 12, 14 and 17 to 22 of the Enforcement Directive.
The Regulations did provide for changes to the Registered Designs Act 1949, granting an exclusive licensee of a UK-registered design the same rights and remedies as the proprietor.
- Type
- Chapter
- Information
- Enforcement of Intellectual Property Rights in the EU Member States , pp. 1161 - 1230Publisher: IntersentiaPrint publication year: 2019