Enforcement competence collective management organisation (Article 4 Enforcement Directive)
ENFORCEMENT - COLLECTIVE RIGHTS MANAGEMENT
For the status of collective management organisations to seek, in their own name, the application of measures, procedures and remedies applies (i) in addition to the condition relating to the direct interest in the defence of the rights concerned, (ii) as a condition that these organisations have standing to bring legal proceedings for the purposes of defending intellectual property rights, which may result from a specific provision to that effect or from general procedural rules.
As EU law currently stands, Member States are not required to recognise that intellectual property collective rights-management bodies which are regularly recognised as having a right to represent holders of intellectual property rights have a direct interest in seeking, in their own name, application of measures, procedures and remedies in the event that the existence of a direct interest in the defence of the rights concerned in respect of those bodies does not follow from the applicable national legislation
IPPT20231123, CJEU, Kopiosto v Telia Finland
