FAST calls for enhanced intellectual property litigation rights in the UK

Specifically, the IT industry anti-piracy group says it is increasing its calls for Article 4 of the EU's Enforcement Directive to be implemented in UK law.

According to a submission to the EU's public consultation on enforcement of IPRs - IP Enforcement Directive (2004/48/EC) - FAST argues that it is in the interests of efficient IPR enforcement in the UK that the European Commission (EC) should make it clear that Article 4 needs to be transposed into UK national law.

FAST claims that the EC has previously stated that current IPR laws are not strong enough to tackle the problem of online infringements,

Citing an updated IPR report from the EC, FAST notes that "a first evaluation of the impact of the Directive shows that noteworthy progress has been made since it was adopted and implemented in the member states."

"The Directive created high European legal standards to enforce different types of rights that are protected by independent legal regimes", FAST notes the report as saying.

The report is also quoted as saying that, despite an overall improvement of enforcement procedures, the sheer volume and financial value of IPR infringements is alarming, largely as a result of the internet.

Julian Heathcote Hobbins, FAST's general counsel, said that, whilst the Federation is a supporter of positive updates to current legislation, the key is an implementation of Article 4 of the Enforcement Directive in the UK.

Article 4, Infosecurity notes, theoretically allows industry bodies like FAST to bring either single or multiple litigant claims against alleged IPR infringers.

This option, however, claims FAST, is not completely supported in current civil law procedures in the UK, meaning that bodies like the Federation cannot sue an alleged infringer in the same way that a single software house could.

This has the effect of making collective legal action - commonly seen in IPR cases in the US, for example - almost impossible, Infosecurity notes.

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