NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE

A. PRIMARY AND SECONDARY LAW

1. Primary legislation

There is no primary legislation implementing the Enforcement Directive as many of the remedies are already captured in Statute or in the common law (i.e. judge made law).

2. Secondary legislation

The European Communities (Enforcement of Intellectual Property Rights) Regulations, 2006 (SI No 360 of 2006) (the “Transposing Regulations”) transposed Articles 5, 8, 10 and 15 of the Enforcement Directive into Irish law as these measures were not previously provided for under Irish law.

B. TRANSPOSITION ISSUES

Although Ireland transposed Articles 5, 8, 10 and 15 of the Enforcement Directive, it missed the deadline by over two months. However, it is worth noting that very few Member States transposed the Enforcement Directive before the deadline.

The Enforcement Directive requires that EU Member States provide for measures, procedures and remedies to ensure enforcement of intellectual property rights. The measures must be fair and equitable, not unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delay. In Ireland, the requirements under Articles 2 and 3 of the Enforcement Directive fell under the jurisdiction of the Courts and did not need any specific legislative measures in Irish law.

The transposition of the Enforcement Directive into Irish law was completed in collaboration with the Attorney General's office. The EU Commission examined the transposition of the Enforcement Directive in all Member States and published a Report on the Enforcement of Intellectual Property Rights in 2010 analysing the transposition and implementation of the Enforcement Directive in all EU Member States. In its Report, the Commission did not raise any issues in relation to Ireland's transposition and implementation of the Enforcement Directive.

C. ASSESSMENT REPORTS ON THE IMPLEMENTATION

The Commission did not raise any issues in its Report in relation to Ireland's transposition and implementation of the Enforcement Directive.

The National Report on the Implementation of Directive 2004/48EC on the Enforcement of Intellectual Property Rights (the “National Implementing Report”) was compiled by the Intellectual Property Unity of the Irish Department of Enterprise, Trade and Employment in March 2009.