INTRODUCTION AND RESEARCH OBJECTIVES
This study examines whether Directive 2004/48/EC (IPRED) has effectively established a minimum harmonisation framework for the civil enforcement of intellectual property rights (IPRs) within the European Union. It further explores the rationale and limits of the national divergences that persist in practice, assesses the function and boundaries of the proportionality principle within the enforcement architecture, and contrasts the European model with the United States’ post-eBay framework for injunctive relief. Through this comparative analysis, the study aims to evaluate whether a legislative revision of IPRED is normatively and practically desirable.
