[Fsfe-ie] Jan 29th draft of IP Enforcement directive

James Heald j.heald at ucl.ac.uk
Sat Feb 7 13:45:06 CET 2004

Text of the latest (Jan 29th) Council of Ministers draft for the
Enforcement Directive is now up at:


Unlike the previous Dec 12th draft, which was apparently never treated
as a serious basis for discussion, the Jan 29th draft is a serious
attempt by the Irish Presidency to capture mainstream opinion of the
Parliament, the Commission, and Member States government.

Both the Parliament working group and the Member States working group
met this week to discuss further drafting issues; but the overall shape
of the Jan 29th draft should be treated as potentially very close to the
shape of the final text.

EDRI and FFII will be making a joint presentation on the Directive to
MEPs in Strasbourg on Wednesday. Ideally we would like to finalise a
position by tomorrow (Sunday) night, so that we can try to get a
bandwagon rolling in the Parliament from Monday onwards.

FIPR and IP-Justice are on the case too, but it would be good to have
more eyeballs on this.  How much of the powerful criticism of the
Directive has been taken into account; and how much is still valid, and
  should be pointed up ?

Resources and Links:


Preliminary comparison by Robin Gross of the new Council draft against
the original Directive text and the text earlier passed by the
Parliament's JURI committee (nb preliminary version -- an updated
version will be going up soon on the IP Justice CODE website).


The HTML file is smaller, but due to a weird bug I'm getting a lot with
FTP recently, the transfer was truncated, and the last page or so on
"technical devices" is missing (My fault for still being stuck on
Windows XP!)

The UK Patent Office has been so busy working for the meetings in
Brussels on the Directive, it hasn't had time to publish even the raw
returns from its official public Consultation on the Directive, but some
of them can be pulled off the web, eg with this Google search:


It would be great if somebody could put together first a list of links
to the actual responses, and then maybe a brief summary of the positions.

James Heald,

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