41It follows from the foregoing that a national provision, such as that at issue in the main proceedings, taken in isolation, is such as to seriously infringe the fundamental right to an effective remedy and, ultimately, the fundamental right to intellectual property, enjoyed by the holders of those rights, and that it does not, therefore, comply with the requirement to ensure a fair balance between the various fundamental rights weighed up in Article 8 of Directive 2004/48.
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