HC Deb 26 February 2004 vol 418 cc511-2W
Janet Anderson

To ask the Secretary of State for Trade and Industry what the Government's policy is on Article 10 of the draft EU Enforcement Directive. [155941]

Ms Hewitt

We support the compromise text for the draft EU Enforcement Directive sent by the Council to the European Parliament on 16 February.

In this text Article 10 (provisional measures) provides for a right holder to apply for an interlocutory injunction: against an intermediary whose services are being used by a third party to infringe an intellectual property right".

There is also a specific reference to provisions already available under the Copyright Directive 2001/29/EC.

We believe this text preserves the balance achieved in the earlier Copyright Directive and between the interests of right holders and intermediaries such as internet service providers.

Janet Anderson

To ask the Secretary of State for Trade and Industry what assessment she has made of the protection of intellectual property rights afforded by the draft EU Enforcement Directive to UK businesses. [155942]

Ms Hewitt

We have been assessing the EU Enforcement Directive as it has developed in discussions in the Council Working Party on Intellectual Property and the Permanent Representatives Committee taking account of the various views expressed by interests in response to the Patent Office consultation and informal discussions.

We intend to present a report on the compromise text for the EU Enforcement Directive to the Parliament's Scrutiny Committees.

Janet Anderson

To ask the Secretary of State for Trade and Industry what reasons underlie the Government's decision to seek amendments to Articles 10 and 15 of the draft EU Enforcement Directive. [155943]

Ms Hewitt

We support the compromise text for the draft EU Enforcement Directive sent by the Council to the European Parliament on 16 February.

We believe this text preserves the balance achieved in the earlier Copyright Directive 2001/29/EC and between the interests of right holders and intermediaries.

Janet Anderson

To ask the Secretary of State for Trade and Industry what representations the Government are making to other EU member states to ensure that the draft EU Enforcement Directive offers the best possible degree of protection to UK businesses. [155944]

Ms Hewitt

The compromise text sent by the Council to the European Parliament on 16 February was the result of intensive discussions with the Council Working Party on Intellectual Property and the Permanent Representatives Committee together with informal discussions with other member states and the interests in general.

As stated in the Council's letter, the compromise proposal received broad support in the Permanent Representatives Committee, and I believe that if this text is adopted, it will significantly assist UK businesses with the enforcement of their intellectual property rights across the European Community.