WORLD TRADE 
ORGANIZATION 
Council on Trade-Related Aspects 
of Intellectual Property Rights IP/N/llEE CIE/4 
23 January 2007 
(07-0316) 
Original: English! 
French! 
Spanish 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
EUROPEAN COMMUNITIES 
The present document reproduces the text of Directive 2004/48/EC of the European 
Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, as 
notified by the European Communities under Article 63.2 of the Agreement (see document 
IP/N/1/EEC/2). IP/N/I/EEC/E/4 
Page 2 
DIRECTIVE 2004/48IEC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
of 29 April 2004 
on the enforcement 
of intellectual property rights 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular Article 95 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the Opinion of the European Economic and Social Committee 1, 
After consulting the Committee of the Regions, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty 2, 
2 OJ C 32, 5.2.2004, p. 15. 
Opinion of the European Parliament of 9 March 2004 (not yet published in the 
Official Journal) and Council Decision of 26 April 2004. Whereas: IPINI1/EEC/E/4 
Page 3 
(1) The achievement of the Internal Market entails eliminating restrictions on freedom of 
movement and distortions of competition, while creating an environment conducive to 
innovation and investment. In this context, the protection of intellectual property is an 
essential element for the success of the Internal Market. The protection of intellectual 
property is important not only for promoting innovation and creativity, but also for 
developing employment and improving competitiveness. 
(2) The protection of intellectual property should allow the inventor or creator to derive a 
legitimate profit from his invention or creation. It should also allow the widest possible 
dissemination of works, ideas and new know-how. At the same time, it should not hamper 
freedom of expression, the free movement of information, or the protection of personal data, 
including on the Internet. 
(3) However, without effective means of enforcing intellectual property rights, innovation and 
creativity are discouraged and investment diminished. It is therefore necessary to ensure that 
the substantive law on intellectual property, which is nowadays largely part of the 
acquis communautaire, is applied effectively in the Community. In this respect, the means of 
enforcing intellectual property rights are of paramount importance for the success of the 
Internal Market. IPIN/1/EEC/E/4 
Page 4 
(4) At international level, all Member States, as well as the Community itself as regards matters 
within its competence, are bound by the Agreement on Trade-Related Aspects of Intellectual 
Property (the "TRIPS Agreement"), approved, as part of the multilateral negotiations of the 
Uruguay Round, by Council Decision 94/S00lEC 1 and concluded in the framework of the 
World Trade Organisation. 
(5) The TRIPS Agreement contains, in particular, provisions on the means of enforcing 
intellectual property rights, which are common standards applicable at international level and 
implemented in all Member States. This Directive should not affect Member States' 
international obligations, including those under the TRIPS Agreement. 
(6) There are also international conventions to which all Member States are parties and which 
also contain provisions on the means of enforcing intellectual property rights. These include, 
in particular, the Paris Convention for the Protection of Industrial Property, the 
Berne Convention for the Protection of Literary and Artistic Works, and the 
Rome Convention for the Protection of Performers, Producers of Phonograms and 
Broadcasting Organisations. 
OJ L 336, 23.12.1994, p. 1. IP /Nll/EECIEI 4 
Page 5 
(7) It emerges from the consultations held by the Commission on this question that, in the 
Member States, and despite the TRIPS Agreement, there are still major disparities as regards 
the means of enforcing intellectual property rights. For instance, the arrangements for 
applying provisional measures, which are used in particular to preserve evidence, the 
calculation of damages, or the arrangements for applying injunctions, vary widely from one 
Member State to another. In some Member States, there are no measures, procedures and 
remedies such as the right of information and the recall, at the infringer's expense, of the 
infringing goods placed on the market. 
(8) The disparities between the systems of the Member States as regards the means of enforcing 
intellectual property rights are prejudicial to the proper functioning of the Internal Market and 
make it impossible to ensure that intellectual property rights enjoy an equivalent level of 
protection throughout the Community. This situation does not promote free movement within 
the Internal Market or create an environment conducive to healthy competition. IP /NI lIEEC/E/4 
Page 6 
(9) The current disparities also lead to a weakening of the substantive law on intellectual property 
and to a fragmentation of the Internal Market in this field. This causes a loss of confidence in 
the Internal Market in business circles, with a consequent reduction in investment in 
innovation and creation. Infringements of intellectual property rights appear to be 
increasingly linked to organised crime. Increasing use of the Internet enables pirated products 
to be distributed instantly around the globe. Effective enforcement of the substantive law on 
intellectual property should be ensured by specific action at Community level. 
Approximation of the legislation of the Member States in this field is therefore an essential 
prerequisite for the proper functioning of the Internal Market. 
(l0) The objective of this Directive is to approximate legislative systems so as to ensure a high, 
equivalent and homogeneous level of protection in the Internal Market. 
(11) This Directive does not aim to establish harmonised rules for judicial cooperation, 
jurisdiction, the recognition and enforcement of decisions in civil and commercial matters, or 
deal with applicable law. There are Community instruments which govern such matters in 
general terms and are, in principle, equally applicable to intellectual property. IF /NI l/EEC/EI 4 
Page 7 
(12) This Directive should not affect the application of the rules of competition, and in particular 
Articles 81 and 82 of the Treaty. The measures provided for in this Directive should not be 
used to restrict unduly competition in a manner contrary to the Treaty. 
(13) It is necessary to define the scope of this Directive as widely as possible in order to 
encompass all the intellectual property rights covered by Community provisions in this field 
and/or by the national law of the Member State concerned. Nevertheless, that requirement 
does not affect the possibility, on the part of those Member States which so wish, to extend, 
for internal purposes, the provisions of this Directive to include acts involving unfair 
competition, including parasitic copies, or similar activities. 
(14) The measures provided for in Articles 6(2), 8( 1) and 9(2) need to be applied only in respect of 
acts carried out on a commercial scale. This is without prejudice to the possibility for 
Member States to apply those measures also in respect of other acts. Acts carried out on a 
commercial scale are those carried out for direct or· indirect economic or commercial 
advantage; this would normally exclude acts carried out by end-consumers acting in good 
faith. IP 1Nl 1 IEEC/E/4 
Page 8 
(15) This Directive should not affect substantive law on intellectual property, Directive 95/46IEC 
of 24 October 1995 of the European Parliament and of the Council on the protection of 
individuals with regard to the processing of personal data and on the free movement of such 
data \ Directive 1999/93IEC of the European Parliament and of the Council of 
13 December 1999 on a Community framework for electronic signatures 2 and 
Directive 2000/31IEC of the European Parliament and of the Council of 8 June 2000 on 
certain legal aspects of information society services, in particular electronic commerce, in the 
Internal Market 3. 
(16) The provisions of this Directive should be without prejudice to the particular provisions for 
the enforcement of rights and on exceptions in the domain of copyright and related rights set 
out in Community instruments and notably those found in Council Directive 91/250lEEC of 
14 May 1991 on the legal protection of computer programs 4 or in Directive 2001/291EC of 
the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain 
aspects of copyright and related rights in the information society 5. 
2 
3 
4 
5 OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 
(OJ L 284, 31.10.2003, p. 1). 
OJ L 13, 19.1.2000, p. 12. 
OJ L 178, 17.7.2000, p. 1. 
OJ L 122, 17.5.1991, p. 42. Directive as amended by Directive 93/98IEEC (OJ L 290, 
24.11.1993, p. 9). 
OJ L 167,22.6.2001, p. 10. IPINI1 IEEC/E/4 
Page 9 
(17) The measures, procedures and remedies provided for in this Directive should be determined in 
each case in such a manner as to take due account of the specific characteristics of that case, 
including the specific features of each intellectual property right and, where appropriate, the 
intentional or unintentional character of the infringement. 
(18) The persons entitled to request application of those measures, procedures and remedies should 
be not only the rightholders but also persons who have ,a direct interest and legal standing in 
so far as permitted by and in accordance with the applicable law, which may include 
professional organisations in charge of the management of those rights or for the defence of 
the collective and individual interests for which they are responsible. 
(19) Since copyright exists from the creation of a work and does not require formal registration, it 
is appropriate to adopt the rule laid down in Article 15 of the Berne Convention, which 
establishes the presumption whereby the author of a literary or artistic work is regarded as 
such if his name appears on the work. A similar presumption should be applied to the owners 
of related rights since it is often the holder of a related right, such as a phonogram producer, 
who will seek to defend rights and engage in fighting acts of piracy. IP /Nll/EECIEI 4 
Page 10 
(20) Given that evidence is an element of paramount importance for establishing the infringement 
of intellectual property rights, it is appropriate to ensure that effective means of presenting, 
obtaining and preserving evidence are available. The procedures should have regard to the 
rights of the defence and provide the necessary guarantees, including the protection of 
confidential information. For infringements committed on a commercial scale it is also 
important that the courts may order access, where appropriate, to banking, financial or 
commercial documents under the control of the alleged infringer. 
(21) Other measures designed to ensure a high level of protection exist in certain Member States 
and should be made available in all the Member States. This is the case with the right of 
information, which allows precise information to be obtained on the origin of the infringing 
goods or services, the distribution channels and the identity of any third parties involved in 
the infringement. 
(22) It is also essential to provide for provisional measures for the immediate termination of 
infringements, without awaiting a decision on the substance of the case, while observing the 
rights of the defence, ensuring the proportionality of the provisional measures as appropriate 
to the characteristics of the case in question and providing the guarantees needed to cover the 
costs and the injury caused to the defendant by an unjustified request. Such measures are 
particularly justified where any delay would cause irreparable harm to the holder of an 
intellectual property right. IP /NI lIEEC/E/4 
Page 11 
(23) Without prejudice to any other measures, procedures and remedies available, rightholders 
should have the possibility of applying for an injunction against an intermediary whose 
services are being used by a third party to infringe the rightholder's industrial property right. 
The conditions and procedures relating to such injunctions should be left to the national law 
of the Member States. As far as infringements of copyright and related rights are concerned, 
a comprehensive level of harmonisation is already provided for in Directive 2001l291EC. 
Article 8(3) of Directive 2001l29IEC should therefore not be affected by this Directive. 
(24) Depending on the particular case, and if justified by the circumstances, the measures, 
procedures and remedies to be provided for should include prohibitory measures aimed at 
preventing further infringements of intellectual property rights. Moreover there should be 
corrective measures, where appropriate at the expense of the infringer, such as the recall and 
definitive removal from the channels of commerce, or destruction, of the infringing goods 
and, in appropriate cases, of the materials and implements principally used in the creation or 
manufacture of these goods. These corrective measures should take account of the interests of 
third parties including, in particular, consumers and private parties acting in good faith. IPINIl/EEC/E/4 
Page 12 
(25) Where an infringement is committed unintentionally and without negligence and where the 
corrective measures or injunctions provided for by this Directive would be disproportionate, 
Member States should have the option of providing for the possibility, in appropriate cases, of 
pecuniary compensation being awarded to the injured party as an alternative measure. 
However, where the commercial use of counterfeit goods or the supply of services would 
constitute an infringement of law other than intellectual property law or would be likely to 
harm consumers, such use or supply should remain prohibited. 
(26) With a view to compensating for the prejudice suffered as a result of an infringement 
committed by an infringer who engaged in an activity in the knowledge, or with reasonable 
grounds for knowing, that it would give rise to such an infringement, the amount of damages 
awarded to the rightholder should take account of all appropriate aspects, such as loss of 
earnings incurred by the rightholder, or unfair profits made by the infringer and, where 
appropriate, any moral prejudice caused to the rightholder. As an alternative, for example 
where it would be difficult to determine the amount of the actual prejudice suffered, the 
amount of the damages might be derived from elements such as the royalties or fees which 
would have been due if the infringer had requested authorisation to use the intellectual 
property right in question. The aim is not to introduce an obligation to provide for punitive 
damages but to allow for compensation based on an objective criterion while taking account 
of the expenses incurred by the rightholder, such as the costs of identification and research. IP /NI 1/EEC/E/4 
Page 13 
(27) To act as a supplementary deterrent to future infringers and to contribute to the awareness of 
the public at large, it is useful to publicise decisions in intellectual property infringement 
cases. 
(28) In addition to the civil and administrative measures, procedures and remedies provided for 
under this Directive, criminal sanctions also constitute, in appropriate cases, a means of 
ensuring the enforcement of intellectual property rights. 
(29) Industry should take an active part in the fight against piracy and counterfeiting. The 
development of codes of conduct in the circles directly affected is a supplementary means of 
bolstering the regulatory framework. The Member States, in collaboration with the 
Commission, should encourage the development of codes of conduct in general. Monitoring 
of the manufacture of optical discs, particularly by means of an identification code embedded 
in discs produced in the Community, helps to limit infringements of intellectual property 
rights in this sector, which suffers from piracy on a large scale. However, these technical 
protection measures should not be misused to protect markets and prevent parallel imports. 
(30) In order to facilitate the uniform application of this Directive, it is appropriate to provide for 
systems of cooperation and the exchange of information between Member States, on the one 
hand, and between the Member States and the Commission on the other, in particular by 
creating a network of correspondents designated by the Member States and by providing 
regular reports assessing the application of this Directive and the effectiveness of the 
measures taken by the various national bodies. IP /NI lIEEC/E/4 
Page 14 
(31) Since, for the reasons already described, the objective of this Directive can best be achieved at 
Community level, the Community may adopt measures, in accordance with the principle of 
subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of 
proportionality as set out in that Article, this Directive does not go beyond what is necessary 
in order to achieve that objective. 
(32) This Directive respects the fundamental rights and observes the principles recognised in 
particular by the Charter of Fundamental Rights of the European Union. In particular, this 
Directive seeks to ensure full respect for intellectual property, in accordance with 
Article 17(2) of that Charter, 
HAVE ADOPTED THIS DIRECTIVE: CHAPTER! 
Objective and scope 
Article 1 
Subject-matter IP /N1l/EEC/E/4 
Page 15 
This Directive concerns the measures, procedures and remedies necessary to ensure the 
enforcement of intellectual property rights. For the purposes of this Directive, the term "intellectual 
property rights" includes industrial property rights. IPINIl/EEC/E/4 
Page 16 
Article 2 
Scope 
1. Without prejudice to the means which are or may be provided for in Community or national 
legislation, in so far as those means may be more favourable for rightholders, the measures, 
procedures and remedies provided for by this Directive shall apply, in accordance with Article 3, to 
any infringement of intellectual property rights as provided for by Community law and/or by the 
national law of the Member State concerned. 
2. This Directive shall be without prejudice to the specific provisions on the enforcement of 
rights and on exceptions contained in Community legislation concerning copyright and rights 
related to copyright, notably those found in Directive 911250lEEC and, in particular, Article 7 
thereof or in Directive 2001l29IEC and, in particular, Articles 2 to 6 and Article 8 thereof. 3. This Directive shall not affect: IP /N1l/EEC/E/ 4 
Page 17 
( a) the Community provisions governing the substantive law on intellectual property, 
Directive 95/46IEC, Directive 1999/93IEC or Directive 2000/31IEC, in general, and 
Articles 12 to 15 of Directive 2000/31 IEC 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. IPINII/EEC/E/4 
Page 18 
CHAPTERII 
Measures, procedures and remedies 
Section 1 
General provisions 
Article 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. Article 4 IPIN/1/EEC/E/4 
Page 19 
Persons entitled to apply for the application of the measures, procedures and remedies 
1. 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. IPINI1/EEC/E/4 
Page 20 
Article 5 
Presumption of authorship or ownership 
F or 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 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. Section 2 
Evidence 
Article 6 
Evidence IPINIl/EEC/E/4 
Page 21 
1. Member States shall ensure that, on application by a party which has presented reasonably 
available evidence sufficient to support its claims, and has, in substantiating those claims, specified 
evidence which lies in the control of the opposing party, the competent judicial authorities may 
order that such evidence be presented by the opposing party, subject to the protection of 
confidential information. For the purposes of this paragraph, Member States may provide that a 
reasonable sample of a substantial number of copies of a work or any other protected object be 
considered by the competent judicial authorities to constitute reasonable evidence. 
2. Under the same conditions, in the case of an infringement committed on a commercial scale 
Member States shall take such measures as are necessary to enable the competent judicial 
authorities to order, where appropriate, on application by a party, the communication of banking, 
financial or commercial documents under the control of the opposing party, subject to the protection 
of confidential information. IP/N/lIEEC/E/4 
Page 22 
Article 7 
Measures for preserving evidence 
1. Member States shall ensure that, even before the commencement of proceedings on the merits 
of the case, the competent judicial authorities may, on application by a party who has presented 
reasonably available evidence to support his claims that his intellectual property right has been 
infringed or is about to be infringed, order prompt and effective provisional measures to preserve 
relevant evidence in respect of the alleged infringement, subject to the protection of confidential 
information. Such measures may include the detailed description, with or without the taking of 
samples, or the physical seizure of the infringing goods, and, in appropriate cases, the materials and 
implements used in the production and/or distribution of these goods and the documents relating 
thereto. Those measures shall be taken, if necessary without the other party having been heard, in 
particular where any delay is likely to cause irreparable harm to the rightholder or where there is a 
demonstrable risk of evidence being destroyed. 
Where measures to preserve evidence are adopted without the other party having been heard, the 
parties affected shall be given notice, without delay after the execution of the measures at the latest. 
A review, including a right to be heard, shall take place upon request of the parties affected with a 
view to deciding, within a reasonable period after the notification of the measures, whether the 
measures shall be modified, revoked or confirmed. IPINI1 IEEC/E/4 
Page 23 
2. Member States shall ensure that the measures to preserve evidence may be subject to the 
lodging by the applicant of adequate security or an equivalent assurance intended to ensure 
compensation for any prejudice suffered by the defendant as provided for in paragraph 4. 
3. Member States shall ensure that the measures to preserve evidence are revoked or otherwise 
cease to have effect, upon request of the defendant, without prejudice to the damages which may be 
claimed, if the applicant does not institute, within a reasonable period, proceedings leading to a 
decision on the merits of the case before the competent judicial authority, the period to be 
determined by the judicial authority ordering the measures where the law of a Member State so 
permits or, in the absence of such determination, within a period not exceeding 20 working days or 
31 calendar days, whichever is the longer. 
4. Where the measures to preserve evidence are revoked, or where they lapse due to any act or 
omission by the applicant, or where it is subsequently found that there has been no infringement or 
threat of infringement of an intellectual property right, the judicial authorities shall have the 
authority to order the applicant, upon request of the defendant, to provide the defendant appropriate 
compensation for any injury caused by those measures. 
5. Member States may take measures to protect witnesses' identity. IP /NI llEEC/EI 4 
Page 24 
Section 3 
Right of information 
Article 8 
Right of information 
1. Member States shall ensure that, in the context of proceedings concerning an infringement of 
an intellectual property right and in response to a justified and proportionate request of the claimant, 
the competent judicial authorities may order that information on the origin and distribution 
networks of the goods or services which infringe an intellectual property right be provided by the 
infringer and! or any other person who: 
(a) was found in possession of the infringing goods on a commercial scale; 
(b) was found to be using the infringing services on a commercial scale; IPINIllEEC/E/4 
Page 25 
(c) was found to be providing on a commercial scale services used in infringing activities; or 
(d) was indicated by the person referred to in point (a), (b) or (c) as being involved in the 
production, manufacture or distribution of the goods or the provision of the services. 
2. The information referred to in paragraph 1 shall, as appropriate, comprise: 
(a) the names and addresses of the producers, manufacturers, distributors, suppliers and other 
previous holders of the goods or services, as well as the intended wholesalers and retailers; 
(b) information on the quantities produced, manufactured, delivered, received or ordered, as well 
as the price obtained for the goods or services in question. IPINI1/EEC/E/4 
Page 26 
3. Paragraphs 1 and 2 shall apply without prejudice to other statutory provisions which: 
(a) grant the rightholder rights to receive fuller information; 
(b) govern the u~e in civil or criminal proceedings of the information communicated pursuant to 
this Article; 
( c) govern responsibility for misuse of the right of information; or 
(d) afford an opportunity for refusing to provide information which would force the person 
referred to in paragraph 1 to admit to his own participation or that of his close relatives in an 
infringement of an intellectual property right; or 
( e) govern the protection of confidentiality of information sources or the processing of personal 
data. Section 4 
Provisional and precautionary measures 
Article 9 
Provisional and precautionary measures IP/N/1/EEC/E/4 
Page 27 
1. Member States shall ensure that the judicial authorities may, at the request of the applicant: 
(a) issue against the alleged infringer an interlocutory injunction intended to prevent any 
imminent infringement of an intellectual property right, or to forbid, on a provisional basis 
and subject, where appropriate, to a recurring penalty payment where provided for by national 
law, the continuation of the alleged infringements of that right, or to make such continuation 
subject to the lodging of guarantees intended to ensure the compensation of the rightholder; 
an interlocutory injunction may also be issued, under the same conditions, against an 
intermediary whose services are being used by a third party to infringe an intellectual property 
right; injunctions against intermediaries whose services are used by a third party to infringe a 
copyright or a related right are covered by Directive 2001l291EC; IPINI1/EEC/E/4 
Page 28 
(b) order the seizure or delivery up of the goods suspected of infringing an intellectual property 
right so as to prevent their entry into or movement within the channels of commerce. 
2. In the case of an infringement committed on a commercial scale, the Member States shall 
ensure that, if the injured party demonstrates circumstances likely to endanger the recovery of 
damages, the judicial authorities may order the precautionary seizure of the movable and 
immovable property of the alleged infringer, including the blocking of his bank accounts and other 
assets. To that end, the competent authorities may order the communication of bank, financial or 
commercial documents, or appropriate access to the relevant information. 
3. The judicial authorities shall, in respect of the measures referred to in paragraphs 1 and 2, 
have the authority to require the applicant to provide any reasonably available evidence in order to 
satisfy themselves with a sufficient degree of certainty that the applicant is the rightholder and that 
the applicant's right is being infringed, or that such infringement is imminent. IPIN/1/EEC/E/4 
Page 29 
4. Member States shall ensure that the provisional measures referred to in paragraphs 1 and 2 
may, in appropriate cases, be taken without the defendant having been heard, in particular where 
any delay would cause irreparable harm to the rightholder. In that event, the parties shall be so 
informed without delay after the execution of the measures at the latest. 
A review, including a right to be heard, shall take place upon request of the defendant with a view 
to deciding, within a reasonable time after notification of the measures, whether those measures 
shall be modified, revoked or confirmed. 
5. Member States shall ensure that the provisional measures referred to in paragraphs 1 and 2 are 
revoked or otherwise cease to have effect, upon request of the defendant, if the applicant does not 
institute, within a reasonable period, proceedings leading to a decision on the merits of the case 
before the competent judicial authority, the period to be determined by the judicial authority 
ordering the measures where the law of a Member State so permits or, in the absence of such 
determination, within a period not exceeding 20 working days or 31 calendar days, whichever is the 
longer. IPINII/EEC/E/4 
Page 30 
6. The competent judicial authorities may make the provisional measures referred to in 
paragraphs 1 and 2 subject to the lodging by the applicant of adequate security or an equivalent 
assurance intended to ensure compensation for any prejudice suffered by the defendant as provided 
for in paragraph 7. 
7. Where the provisional measures are revoked or where they lapse due to any act or omission 
by the applicant, or where it is subsequently found that there has been no infringement or threat of 
infringement of an intellectual property right, the judicial authorities shall have the authority to 
order the applicant, upon request of the defendant, to provide the defendant appropriate 
compensation for any injury caused by those measures. Section 5 
Measures resulting from a decision on the merits of the case 
Article 10 
Corrective measures IPINI1/EEC/E/4 
Page 31 
1. Without prejudice to any damages due to the rightholder by reason of the infringement, and 
without compensation of any sort, Member States shall ensure that the competent judicial 
authorities may order, at the request of the applicant, that appropriate measures be taken with regard 
to goods that they have found to be infringing an intellectual property right and, in appropriate 
cases, with regard to materials and implements principally used in the creation or manufacture of 
those goods. Such measures shall include: 
(a) recall from the channels of commerce, 
(b) definitive removal from the channels of commerce, or 
(c) destruction. IP/N/lIEEC/E/4 
Page 32 
2. The judicial authorities shall order that those measures be carried out at the expense of the 
infringer, unless particular reasons are invoked for not doing so. 
3. In considering a request for corrective measures, the need for proportionality between the 
seriousness of the infringement and the remedies ordered as well as the interests of third parties 
shall be taken into account. Article 11 
Injunctions IPINIlIEEC/E/4 
Page 33 
Member States shall ensure that, where a judicial decision is taken finding an infringement of an 
intellectual property right, the judicial authorities may issue against the infringer an injunction 
aimed at prohibiting the continuation of the infringement. Where provided for by national law , 
non-compliance with an injunction shall, where appropriate, be subject to a recurring penalty 
payment, with a view to ensuring compliance. Member States shall also ensure that rightholders 
are in a position to apply for an injunction against intermediaries whose services are used by a 
third party to infringe an intellectual property right, without prejudice to Article 8(3) of 
Directive 2001l291EC. IPINIlIEEC/E/4 
Page 34 
Article 12 
Alternative measures 
Member States may provide that, in appropriate cases and at the request of the person liable to be 
subject to the measures provided for in this Section, the competent judicial authorities may order 
pecuniary compensation to be paid to the injured party instead of applying the measures provided 
for in this Section if that person acted unintentionally and without negligence, if execution of the 
measures in question would cause him disproportionate harm and if pecuniary compensation to the 
injured party appears reasonably satisfactory. 
Section 6 
Damages and legal costs 
Article 13 
Damages 
1. Member States shall ensure that the competent judicial authorities, on application of the injured 
party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an 
infringing activity, to pay the rightholder damages appropriate to the actual prejudice suffered by 
him as a result of the infringement. When the judicial authorities set the damages: IP /N/lIEEC/E1 4 
Page 35 
( a) they shall take into account all appropriate aspects, such as the negative economic 
consequences, including lost profits, which the injured party has suffered, any unfair profits 
made by the infringer and, in appropriate cases, elements other than economic factors, such as 
the moral prejudice caused to the rightholder by the infringement; 
or 
(b) as an alternative to (a), they may, in appropriate cases, set the damages as a lump sum on the 
basis of elements such as at least the amount of royalties or fees which would have been due 
if the infringer had requested authorisation to use the intellectual property right in question. IP /NI llEEC/E/4 
Page 36 
2. Where the infringer did not knowingly, or with reasonable grounds to know, engage in 
infringing activity, Member States may lay down that the judicial authorities may order the 
recovery of profits or the payment of damages, which may be pre-established. 
Article 14 
Legal costs 
Member States shall ensure that reasonable and proportionate legal costs and other expenses 
incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless 
equity does not allow this. Section 7 
Publicity measures 
Article 15 
Publication of judicial decisions IPINIllEEC/E/4 
Page 37 
Member States shall ensure that, in legal proceedings instituted for infringement of an intellectual 
property right, the judicial authorities may order, at the request of the applicant and at the expense 
of the infringer, appropriate measures for the dissemination of the information concerning the 
decision, including displaying the decision and publishing it in full or in part. Member States may 
provide for other additional publicity measures which are appropriate to the particular 
circumstances, including prominent advertising. IP /NI IIEEC/E/4 
Page 38 
CHAPTER III 
Sanctions by Member States 
Article 16 
Sanctions by Member States 
Without prejudice to the civil and administrative measures, procedures and remedies laid down by 
this Directive, Member States may apply other appropriate sanctions in cases where intellectual 
property rights have been infringed. CHAPTER IV 
Codes of conduct and administrative cooperation 
Article 17 
Codes of conduct 
Member States shall encourage: IPINII/EEC/E/4 
Page 39 
(a) the development by trade or professional associations or organisations of codes of conduct at 
Community level aimed at contributing towards the enforcement of the intellectual property 
rights, particularly by recommending the use on optical discs of a code enabling the 
identification of the origin of their manufacture; 
(b) the submission to the Commission of draft codes of conduct at national and Community level 
and of any evaluations of the application of these codes of conduct. IPINI1/EEC/E/4 
Page 40 
Article 18 
Assessment 
1. Three years after the date laid down in Article 20(1), each Member State shall submit to the 
Commission a report on the implementation of this Directive. 
On the basis of those reports, the Commission shall draw up a report on the application of this 
Directive, including an assessment of the effectiveness of the measures taken, as well as an 
evaluation of its impact on innovation and the development of the information society. That report 
shall then be transmitted to the European Parliament, the Council and the European Economic and 
Social Committee. It shall be accompanied, if necessary and in the light of developments in the 
Community legal order, by proposals for amendments to this Directive. 
2. Member States shall provide the Commission with all the aid and assistance it may need when 
drawing up the report referred to in the second subparagraph of paragraph 1. Article 19 
Exchange of information and correspondents IPINIlIEEC/E/4 
Page 41 
F or the purpose of promoting cooperation, including the exchange of information, among Member 
States and between Member States and the Commission, each Member State shall designate one or 
more national correspondents for any question relating to the implementation of the measures 
provided for by this Directive. It shall communicate the details of the national correspondent(s) to 
the other Member States and to the Commission. IPINI1lEEC/E/4 
Page 42 
CHAPTER V 
Final provisions 
Article 20 
Imp lementation 
1. Member States shall bring into force the laws, regulations and administrative provisions 
necessary to comply with this Directive by ... *. They shall forthwith inform the Commission 
thereof. 
When Member States adopt these measures, they shall contain a reference to this Directive or shall 
be accompanied by such reference on the occasion of their official publication. The methods of 
making such reference shall be laid down by Member States. 
2. Member States shall communicate to the Commission the texts of the provisions of national 
law which they adopt in the field governed by this Directive. 
* Twenty-four months after the date of adoption of this Directive. Article 21 
Entry into force JP /NIl IEEe/E/4 
Page 43 
This Directive shall enter into force on the twentieth day following that of its publication in the 
Official Journal of the European Union. 
Article 22 
Addressees 
This Directive is addressed to the Member States. 
Done at Strasbourg, 29.4.2004. 
F or the European Parliament 
The President 
P.COX For the Council 
The President 
M.McDOWELL