Support study for the ex-post evaluation and ex-ante impact analysis of the IPR enforcement Directive (IPRED)
Final report - Study
The study study aims to provide “Support for an ex-post evaluation of Directive 2004/48/EC [IPRED] and for an Impact Assessment in view of legislative proposals modernising the enforcement of IPR”. IPRED has been implemented between 2005-2009. A first, early evaluation (2011) could not establish significant impacts. Given the changes – in particular in the digital environment – a revision may be envisaged. In this context, a public consultation was launched in 2016. The study started with the results of the public consultation and used expert legal knowledge to obtain a detailed analysis how... the main Articles were implemented in the MS (general issues as well as procedural issues at MS-level). In addition, interviews (to close gaps in the public consultation) and quantitative evidence on court cases were used to underpin the evidence base for the study. In summary, IPRED proved to be effective on a very general and conceptual level, allowing for a common legal European framework, the development of pan-European IP enforcement strategies, and the productive exchange of intelligence among judges cross-border. Higher order effectiveness is hampered by the actual application of IPRED in the Member States. Despite the high cost of IP litigation, the cost-benefit ratio was rated very favourably by stakeholders. Overall, measurable effects of IPRED are limited and statistically not significant.