Assessing the legacy of EU Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights – also known as the Intellectual Property Enforcement Directive, or EU IPRED – and exploring new avenues for effective protection of intellectual property rights in the European Union; this was discussed during an international conference dedicated to the 20th anniversary of the Directive, which took place in Krakow (Poland).
The conference “20 Years of the Enforcement Directive,” organised by the Jagiellonian University in cooperation with the Patent Office of the Republic of Poland, brought together policymakers, scientists, practitioners and representatives of IP institutions.
The event was attended by a delegation of the Ukrainian National Office for Intellectual Property and Innovation (UANIPIO, or the Ukrainian IP Office), consisting of:
The UANIPIO delegation
The conference examined the Directive’s achievements, its continued relevance and the challenges of protecting IP rights in an increasingly digital and interconnected world. Participants agreed that the Directive has successfully established a minimum standard for IP protection and strengthened legal certainty across the European Union. However, they also highlighted ongoing disparities in national implementation and the growing complexity of IP violations driven by global trade and online platforms.
The first panel addressed the enforcement of IP rights in practice, focusing on counterfeit goods and illicit trade. Experts from international organisations, the European Commission, national enforcement authorities, and the private sector presented recent data and shared strategies for combating fake goods. Discussions emphasised the need for greater transparency in e-commerce, improved cooperation between public and private sectors, and effective use of the Digital Services Act to enhance online consumer safety.
Presentations emphasised the multifaceted nature of the problem, ranging from the abuse of free trade zones and small-parcel logistics to the use of e-commerce platforms for distributing fake goods.
Representatives of the European Commission discussed the growing role of the Digital Services Act (DSA) as a comprehensive framework for addressing illegal content online. The Act establishes clear obligations for online marketplaces to ensure traceability of traders, transparency for consumers and accountability through effective notice-and-action mechanisms.
The first panel
National enforcement bodies presented case studies on counterfeit pharmaceuticals and medical products, underscoring the severe public health risks they pose. Speakers representing public authorities also highlighted the proliferation of fake goods sold through social media channels and professional-looking websites, making detection increasingly difficult. Private-sector representatives noted the need for ongoing cooperation between rights holders, customs authorities and law enforcement to address the sophistication and evolving tactics of counterfeiters.
The second panel explored the growing importance of alternative dispute resolution (ADR) in IP-related matters. Representatives from the Patent Mediation and Arbitration Centre of the Unified Patent Court, the EUIPO Mediation Centre of the European Union Intellectual Property Office (EUIPO), the Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO) and the Patent Office of the Republic of Poland shared insights into their respective systems and practices. These include flexibility, confidentiality, and faster resolution times compared to traditional litigation. Panellists also discussed initiatives to encourage parties to consider ADR before taking disputes to court.
The Ukrainian delegation noted the development of ADR mechanisms. It gained valuable insights into how to encourage mediation and arbitration as faster, less costly, and more confidential means of resolving disputes, potentially aligning with the best practices of European and worldwide institutions and reducing pressure on national courts.
The final session focused on the emerging case law of the Unified Patent Court (UPC), which began operations in 2023. Legal practitioners and academics provided an overview of the Court’s structure, caseload, and procedural practices, noting its commitment to efficiency, technological integration, and consistency in adjudication.
Speakers discussed the balance between harmonisation and diversity in judicial interpretation, the language regime of proceedings, and the practical aspects of the Court’s electronic filing system. Presentations also reviewed significant early rulings concerning the enforceability of patent rights, injunctions, and standard-essential patents, as well as trends in the pharmaceutical sector.
The third panel
The discussion showed that while the UPC has made notable progress in consolidating patent enforcement across the EU, its jurisprudence continues to evolve as new legal and procedural issues arise. The Court’s emphasis on timeliness and predictability was recognised as a key factor in strengthening confidence in the European patent system, to which Ukraine strives to accede.
Throughout the conference, participants agreed that effective IP enforcement remains a cornerstone of innovation, competitiveness and consumer trust across EU Member States. The discussions underscored the need for continued cooperation among EU institutions, national authorities and private stakeholders to ensure the IP protection framework remains responsive to new technologies and market realities through the dialogue, research and practical collaboration to enhance the efficiency, coherence and fairness of the European IP enforcement system as it enters its third decade.
At this conference, the Ukrainian delegation gained a unique perspective on strengthening cross-agency coordination and international cooperation to ensure uniform enforcement of IP rights, paving the way for the harmonisation of Ukrainian national practices with the best European practices.
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