THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN A EUROPEAN CONTEXT

Abstract

The article analyzes the overall configuration of the rules contained in the European
legal sources for enforcement of intellectual property rights. It starts from the assumption that the
legal regulation of intellectual property rights in a national legal system assumes the existence of
a fast, efficient and enforceable system of legal protection of intellectual property rights from
infringement. With this in mind, the paper analyses the basic principles of legal protection of
intellectual property rights contained in the Directive 2004/48/EC of the European Parliament
and of the Council of 29 April 2004 on the enforcement of intellectual property rights, as a
European legal source. Moreover, the basic principles of the Directive 2004/48/EC of the
European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual
property rights are considered as standards or as general principles to which the laws and
practices of all Member States should aspire, in order to demonstrate its tendencies to promote
intellectual effort and the protection of immaterial goods.