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Iberians struggle in Luxembourg

By Jeremy

Curia reports today that the Commission of the European Communities is bringing proceedings against the Republic of Portugal in Case C-24/08 for failing to implement Directive 2004/48 of the European Parliament and of the Council on the enforcement of intellectual property rights --or, just in case Portugal has implemented it, for not telling the Commission that it has done so.

Left: never mind IP enforcement, this Portuguese technical prevention measure has a built-in deterrent effect. Just drop your computer into the bath with one of these swimming about and no hacker go near it ...

Says the Curia notice, "The period prescribed for transposing the Directive into national law expired on 29 April 2004". That's a bit hard on the Portuguese. For everyone else it seems that Article 20 ("Implementation") says:

"1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 29 April 2006 . They shall forthwith inform the Commission thereof".

The IPKat asks his Portuguese readers: have you really not implemented my favourite enforcement directive -- or did you only forget to tell the Commission? Post your answers below or email me here.

Meanwhile, on the larger chunk of the Iberian peninsula, things haven't been going so well for the Spanish either. Judgment in Case C-32/07 Commission v Spain was posted on the Curia website this morning too. Says the Court,

" by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Directive 2001/84 ... on the resale right for the benefit of the author of an original work of art, the Kingdom of Spain has failed to fulfil its obligations under that directive".

Merpel says, being a kultured kat, I've a question for you. What is the connection between this lovely portrait and the failure of Spain to implement Directive 2001/84? There are no prizes, because this is either something you know or something you don't. But if you do, then let me know by email here.

Full post as published by IPKat on March 11, 2008 (boomark / email).