Follow-up study on the Application of the Directive on the Enforcement of Intellectual Property Rights (IPRED) and Contribution to the EU Toolbox Against Counterfeiting

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The study will assess how certain measures provided by IPRED are used in the different Member States, considering the EU COM(2017) 708 final. It will provide policy recommendations on improvements to ensure that full advantage is taken of IPRED in the fight against counterfeiting. The study will address the Commission ́s commitment in the IP Action Plan to ensure that injunctions are applied uniformly and efficiently across Member States, especially on the proportionality principle. Emphasis will be put on e.g. dynamic injunctions. The study will complement to the study on dynamic blocking injunctions in the EU published by the EUIPO in March 2021. The study will assess how to further strengthen the efficiency and effectiveness of the current enforcement framework, which could serve as a basis for the EU Toolbox against counterfeiting. It will also identify legal differences, gaps and any other obstacles precluding an effective cross border enforcement and cooperation within the EU.