DIRECTIVE 2004/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL<BR/>of 29 April 2004<BR/>on the enforcement of intellectual property rights<BR/>(Text with EEA relevance) | Art. 2 Enforcement DIR, Art. 3 Enforcement DIR, Art. 4 Enforcement DIR, Art. 5 Enforcement DIR

rights related to copyright, notably those found in Directive 91/250/EEC and, in particular, Article 7 thereof or in Directive 2001/29/EC and, in particular, Articles 2 to 6 and Article 8 thereof.

3. This Directive shall not affect:

(a): the Community provisions governing the substantive law on intellectual property, Directive 95/46/EC, Directive 1999/93/EC or Directive 2000/31/EC, in general, and Articles 12 to 15 of Directive 2000/31/EC in particular;
(b): Member States' international obligations and notably the TRIPS Agreement, including those relating to criminal procedures and penalties;
(c): any national provisions in Member States relating to criminal procedures or penalties in respect of infringement of intellectual property rights.

CHAPTER II. MEASURES, PROCEDURES AND REMEDIES

Section 1. General provisions

Art. 3 General obligation 1. Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by this Directive. Those measures, procedures and remedies shall be fair and equitable and shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays.

2. Those measures, procedures and remedies shall also be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

Art. 4 Persons entitled to apply for the application of the measures, procedures and remedies Member States shall recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this chapter:

(a): the holders of intellectual property rights, in accordance with the provisions of the applicable law;
(b): all other persons authorised to use those rights, in particular licensees, in so far as permitted by and in accordance with the provisions of the applicable law;
(c): intellectual property collective rights-management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law;
(d): professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law.

Art. 5 Presumption of authorship or ownership For the purposes of applying the measures, procedures and remedies provided for in this Directive,

(a): for the author of a literary or artistic work, in the absence of proof to the contrary, to be regarded as such, and consequently to be entitled to institute infringement proceedings, it shall be sufficient for his/her name to appear on the work in the usual manner;
(b): the provision under (a) shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter.