03/02/2020 CURIA - Documents In Section 2 of Part III, ‘Civil and administrative procedures and remedies’, Article 42, headed ‘Fair and Equitable Procedures’, provides: ‘Members shall make available to right holders civil judicial procedures concerning the enforcement of any intellectual property right covered by this Agreement …’ Article 47 of the TRIPs Agreement, headed ‘Right of Information’, provides: ‘Members may provide that the judicial authorities shall have the authority, unless this would be out of proportion to the seriousness of the infringement, to order the infringer to inform the right holder of the identity of third persons involved in the production and distribution of the infringing goods or services and of their channels of distribution.’ Community law Provisions relating to the information society and the protection of intellectual property, especially copyright – Directive 2000/31 Article 1 of Directive 2000/31 states: ‘1. This Directive seeks to contribute to the proper functioning of the internal market by ensuring the free movement of information society services between the Member States. 2. This Directive approximates, to the extent necessary for the achievement of the objective set out in paragraph 1, certain national provisions on information society services relating to the internal market, the establishment of service providers, commercial communications, electronic contracts, the liability of intermediaries, codes of conduct, out-of-court dispute settlements, court actions and cooperation between Member States. 3. This Directive complements Community law applicable to information society services without prejudice to the level of protection for, in particular, public health and consumer interests, as established by Community acts and national legislation implementing them in so far as this does not restrict the freedom to provide information society services. … 5. This Directive shall not apply to: … questions relating to information society services covered by Directives 95/46/EC and 97/66/EC; According to Article 15 of Directive 2000/31: ‘1. Member States shall not impose a general obligation on providers, when providing the services covered by Articles 12, 13 and 14, to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity. 2. Member States may establish obligations for information society service providers promptly to inform the competent public authorities of alleged illegal activities undertaken or information provided by recipients of their service or obligations to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service with whom they have storage agreements.’ Article 18 of Directive 2000/31 provides: ‘1. Member States shall ensure that court actions available under national law concerning information society services’ activities allow for the rapid adoption of measures, including interim measures, designed to terminate any alleged infringement and to prevent any further impairment of the interests involved. …’ – Directive 2001/29 According to Article 1(1) of Directive 2001/29, the directive concerns the legal protection of copyright and related rights in the framework of the internal market, with particular emphasis on the information society. Under Article 8 of Directive 2001/29: ‘1. Member States shall provide appropriate sanctions and remedies in respect of infringements of the rights and obligations set out in this Directive and shall take all the measures necessary to ensure that those sanctions and remedies are applied. The sanctions thus provided for shall be effective, proportionate and dissuasive. 2. Each Member State shall take the measures necessary to ensure that rightholders whose interests are affected by an infringing activity carried out on its territory can bring an action for damages and/or apply for an injunction and, where appropriate, for the seizure of infringing material as well as of devices, products or components referred to in Article 6(2). 3. Member States shall ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right.’ Article 9 of Directive 2001/29 reads: ‘This Directive shall be without prejudice to provisions concerning in particular patent rights, trade marks, design rights, utility models, topographies of semi-conductor products, type faces, conditional access, access to cable of broadcasting services, protection of national treasures, legal deposit requirements, laws on restrictive practices and unfair competition, trade secrets, security, confidentiality, data protection and privacy, access to public documents, the law of contract.’ – Directive 2004/48 Article 1 of Directive 2004/48 states: ‘This Directive concerns the measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights …’ According to Article 2(3) of Directive 2004/48: ‘3. This Directive shall not affect: the Community provisions governing the substantive law on intellectual property, Directive 95/46/EC, Directive 1999/93/EC or Directive 2000/31/EC, in general, and Articles 12 to 15 of Directive 2000/31/EC in particular; curia.europa.eu/juris/document/document.jsf?text=&docid=70107&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=116452) 2/9