Today, the European Commission published a study assessing the application of selected provisions of the Intellectual Property Rights Enforcement Directive (IPRED).
The study examines how key elements of the directive are applied in practice, focusing on 5 priority areas: the proportionality principle in patent injunction cases, the role and impact of Patent Assertion Entities in the EU, the use of dynamic blocking injunctions for industrial property rights, the interaction between the right of information and data protection rules, and the cost related to destruction of IP-infringing goods.
The findings point to differences in how IPRED is implemented and applied across the EU countries. In particular, national courts often apply a limited proportionality assessment in patent injunction cases, while approaches to dynamic blocking injunctions and information sharing vary widely across the EU countries. The study also highlights that high enforcement costs, especially for storage and destruction of infringing goods, may discourage SMEs and smaller rightsholder from initiating enforcement proceedings.
The analysis is primarily based on an in-depth review of legislation and case law in 9 EU countries, complemented by EU-wide stakeholders surveys and expert consultations, ensuring that the conclusions reflect both national practices and broader EU-level trends.