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dc.contributor.author
Psarelli, Maria
en
dc.date.accessioned
2015-06-29T15:49:44Z
dc.date.available
2015-09-27T05:56:08Z
dc.date.issued
2015-06-29
dc.identifier.uri
https://repository.ihu.edu.gr//xmlui/handle/11544/584
dc.rights
Default License
dc.title
Enforcement of intellectual property rights through the EU Enforcement Directive
en
heal.type
masterThesis
heal.language
en
heal.access
free
el
heal.license
http://creativecommons.org/licenses/by-nc/4.0
heal.recordProvider
School of Economics, Business Administration and Legal Studies, LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law
heal.publicationDate
2015-02
heal.bibliographicCitation
Psarelli Maria ,2015 , Enforcement of rights through the EU Enforcement Directive, Master's Dissertation, International Hellenic University
en
heal.abstract
Purpose: Enforcement of intellectual property rights and in particular copyright
enforcement on the Internet is an important area of great interest to researchers,
stakeholders and the general public in both a national and an international level.
Nowadays, there exists an increased concern about the methods of enforcement of
copyright protection, especially after the tremendous challenges the internet and other
new technologies pose in the matter of copyright. Its main element of intangibility and
immateriality as a property together with the limitations of the law in this subject have
both certainly posed an impediment to the copyright’s protection and enforcement in
an environment beyond the national borders. This paper aims to investigate the
initiatives taken to address this issue in a European Level, especially in regards to the
famous EU Enforcement Directive.
Design, methodology and approach: Through the method of literature review, firstly,
we identify the key policy documents and pieces of legislation that were part of the
effort to protect and enforce intellectual property rights and especially the copyright in
a European and international level that preceded the Enforcement Directive and paved
the road to its adoption. Then, we try to examine it in detail, starting with the proposal
of its adoption and continuing to a detailed examination of its contents.
Findings: We attempt to determine and evaluate the impact and the acceptance of the
Directive by the Member States. Finally, we present the results of our academic
research on the subject and propose methods on how to achieve this effectiveness.
Value: The paper's contribution lies primarily on investigating the current legislative
status with particular focus on the Enforcement Directive and its value in the
protection of intellectual property rights and the copyright in specific, as well as
identifying other legal means towards the enforcement of such rights and at the same
time ascertaining the legal gaps and holes existing in the effort of a broad
enforcement.
en
heal.tableOfContents
Abstract
Acknowledgements
Table of Contents
1. Introduction
2. Literature Review and Theoretical Framework
2.1. Legislative and other initiatives towards the copyright enforcement and
intellectual property rights
2.1.1. Legislative and other initiatives on the enforcement of intellectual
property rights in the European Union
2.1.2. Legislation and initiatives on the enforcement of intellectual property
rights in an international level
2.2. The EU Enforcement Directive
2.2.1. Genesis, function and rationale
2.2.2. Subject-matter and Scope
2.2.3. General obligation
2.2.4. Person entitled to apply for the application of the measures and
procedures
2.2.5. Presumption of authorship
2.2.6. Preservation of evidence
2.2.7. Right of information
2.2.8. Provisional measures, precautionary measures and sanctions
2.2.9. Injunctions
2.2.10. Alternative measures
2.2.11. Damages, Legal Costs, Publication of Judicial Decisions
2.2.12. Sanctions by member States
2.2.13. Codes of conduct
2.2.14. Assessment
2.2.15. Exchange of information and correspondents
3. Results of research
3.1. Evaluation of the Impact, effectiveness and acceptance of the EU
Enforcement Directive
4. Conclusions
References
Tables and figures of reference
en
heal.advisorName
Stamatoudi, Prof. Irini
en
heal.committeeMemberName
Papadopoulos, Thomas
en
heal.committeeMemberName
Stamatoudi, Dr. Eirini
en
heal.committeeMemberName
Giovannopoulos, Ass. Prof. Rigas
en
heal.academicPublisher
School of Economic and Business Administration,LL.M in Transnational and European Commercial Law and Alternative Dispute resolutions
en
heal.academicPublisherID
ihu
heal.numberOfPages
38
heal.fullTextAvailability
false
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