Darts-ip provides data for the EC’s evaluation of Directive 2004/48/EC

January 16, 2018 / Blog

At the close of 2017, the European Commission (EC) finalized an evaluation of Directive 2004/48/EC in terms of its effectiveness, efficiency, coherence, relevance and EU added value.  Following a public tender, Darts-ip was selected to provide quantitative data for intellectual property right court cases across all EU Member States for this evaluation.

Within the EU, the protection of intellectual property rights developed across 28 different systems previous to Directive 2004/48/EC, a process which was deemed detrimental to the development of the internal market. In order to encourage innovation and ensure the protection of IP rights within the European market, the directive was adopted on 29 April 2009 with the aim to homogenize the enforcement practices of intellectual property rights within EU Member States (EUMS). Notably, this Directive requires that EUMS provide certain measures, procedures and remedies at a minimum level of harmonization to ensure the protection of intellectual property.

In order to effectively carry out the directive’s evaluation, the European Commission required quantitative data on IPR court cases across the whole EU territory between 2005 and 2015. However, obtaining data on relevant categories of court decisions can be difficult due to differing administrative practices in publishing court decisions amongst EUMS. For example, in certain EUMS decisions are publicly published, while in others the publication is limited by different criteria (i.e. type of decision) or not published at all.

The Darts-ip database unveils insights previously unavailable on cases, IP portfolios, courts and proceedings. With over 3 million cases gathered from more than 3000 courts worldwide, the Darts database is unique in the breadth of case law information available. Gathered over the past ten years, the database consists of diverse documentation from all main IP domains: patents, trademarks, design & models, domain names, copyrights, and unfair competition.

The use of this data allowed the EC to examine several factors of IPR court cases including preliminary injunction patterns, methodology to request and award damages, gap between damages requested and awarded, and average duration of proceedings.

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*Cover photo cropped from original photo by Eoghan OLionnain

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