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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
SATURDAY, 12 APRIL 2008
Germany passes law to implement EU Directive 2004/48/EC

From Germany comes the news that the German Bundestag, Germany's parliament, yesterday voted to pass the "Gesetz zur Umsetzung der EU-Durchsetzungs-Richtlinie". The new law implements EU Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, which is also and perhaps better known as the "IPR Enforcement Directive".


A press release by the German Federal Minstry of Justice states that the legislation will help in the fight against product piracy and as such strengthen intellectual property rights. Germany's Federal Minister of Justice, Brigitte Zypries, explained that the proctection of creative works was of vital importance for the German economy in sustaining its position in an evironment of few natural resources. Zypries further explained that product piracy was on the increase and caused substantial economic damage and destroyed jobs. Counterfeit products could present a considerable security risk; for example in the fields of spare parts or medication. Zyrpies further argued that this situation had to be confronted on many levels and one way of doing so was by improving the legal instruments available.

The new law, which is implementing the IPR Enforcement Directive, amends Germany's Trade Marks Act, Patent Act, Copyright Act, the Design and Utility Model laws, the plant variety and semiconductor's protection laws. It also amends the respective laws concerning interlocutory measures and injunctions, evidence, seizures, judicial publications, the protection of georgraphical origin, as well the laws concerning damages and costs.

To read the German Ministry of Justice's press release of 11 April 2008, please click here (in German).

Posted by: Birgit Clark @ 13.34
Tags: EU Directive 2004/48/EC, German Ministry of Justice, Germany,
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