European Union
IP Enforcement
46. Please describe how your legislation provides for effective action against infringement of intellectual property rights.
Pursuant to section 109 of the Trade-marks Act, an infringement of copyright is actionable by the copyright owner. Reliefs are obtained by way of damages, injunctions, accounts, or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right. Furthermore, section 111 prescribes delivery up in civil proceedings if a person has possession, custody or control of an object specifically designed or adapted for making copies of a copyright work and that object has been used or is to be used to make infringing copies. In addition, section 112 allows the copyright holder or a person authorized by the copyright owner to seize and detain an infringing copy of a work which is found exposed or otherwise immediately available for sale or hire. Section 113 extends the rights of exclusive licensee's the same right and remedies under sections 109, 110, 111 and 112, after the grant of a license, as if the license were an assignment. Please note that under the Patents Act, infringement action can only be brought to the high court for UK patents