19 January 2006

Two hundred and fifty not out - but some Stories don't go Away

My first post to this blog was "Porridge for Patent Infringement" on the Commission's proposal for a directive on criminal measures aimed at ensuring the enforcement of intellectual property rights and a proposal for a Council framework decision to strengthen the criminal law framework to combat intellectual property offences. Despite the appalling damage that this measure could do to European research and the chorus of disapproval from such people as Ross Andersaon of Cambridge this proposal has not been dropped. Indeed the decision of the European Court in C-176/03 Commission v Council which took limited the discretion of member states in implementing enforcement legislation has possibly stregthened its hand. The Commission's proposal is one of several bits of adopted and pending Community legislation to be affected and possibly modified by Commission v Council (see The Communicaiton from the Commission to the Council and Parliament on the implications of the Court’s judgment of 13 September 2005 (Case C-176/03 Commission v Council),

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