Enforcement Directive

Article 4

Persons entitled to apply for the application of the measures, procedures and remedies

1. Member States shall recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this Chapter:

Holdings

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C-201/2223 Nov 2023

Kopiosto ry v Telia Finland Oyj

1. Article 4(c) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights

must be interpreted as meaning that, in addition to the condition relating to the direct interest in the defence of the rights concerned, recognition of the status of intellectual property collective rights-management bodies to seek, in their own name, the application of the measures, procedures and remedies provided for in Chapter II of that directive is subject to the standing of those organisations to bring legal proceedings for the purposes of defending intellectual property rights, which may result from a specific provision to that effect or from general procedural rules.

C-201/2223 Nov 2023

Kopiosto ry v Telia Finland Oyj

2. Article 4(c) of Directive 2004/48

must be interpreted as meaning that, as EU law currently stands, Member States are not required to recognise that intellectual property collective rights-management bodies which are regularly recognised as having a right to represent holders of intellectual property rights have a direct interest in seeking, in their own name, the application of the measures, procedures and remedies provided for in Chapter II of that directive in the event that the existence of a direct interest in the defence of the rights concerned in respect of those bodies does not follow from the applicable national legislation.

C-521/177 Aug 2018

Coöperatieve Vereniging SNB-REACT U.A. v Deepak Mehta

1. Article 4(c) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights must be interpreted as meaning that the Member States are required to recognise a body collectively representing trade mark proprietors, such as that at issue in the case in the main proceedings, as a person entitled to seek, in its own name, the application of the remedies laid down by that directive, for the purpose of defending the rights of those trade mark proprietors, and to bring legal proceedings, in its own name, for the purpose of enforcing those rights, on condition that that body is regarded by national law as having a direct interest in the defence of such rights and that that law allows it to bring legal proceedings to that end, these being matters for the referring court to verify.