Enforcement of Intellectual Property Rights in Lithuania: Situation After the Implementation of Directive 2004/48/EC on the Enforcement of Intellectual Property Rights Cover Image

Enforcement of Intellectual Property Rights in Lithuania: Situation After the Implementation of Directive 2004/48/EC on the Enforcement of Intellectual Property Rights
Enforcement of Intellectual Property Rights in Lithuania: Situation After the Implementation of Directive 2004/48/EC on the Enforcement of Intellectual Property Rights

Author(s): Ramūnas Birštonas, Leonas Virginijus Papirtis
Subject(s): Civil Law
Published by: Mykolas Romeris University
Keywords: intellectual property; enforcement; infringement; Directive 2004/48/EC; injunctions; damages;

Summary/Abstract: Article deals with the situation of enforcement of intellectual property rights in Lithuania after the implementation of 2004 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. First, the authors outline the importance of the proportionality principle which is embedded in the text of the directive, but sometimes may be overlooked because of the rhetoric openly orientated to right holders. Then, the legislative changes in Lithuania’s intellectual property laws and tendencies in case law are analyzed. The main findings of the research show that despite considerable changes in Lithuanian laws, the situation in case law was not in fact influenced.

  • Issue Year: 18/2011
  • Issue No: 1
  • Page Range: 113-126
  • Page Count: 14
  • Language: English
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