Judgment_paragraph 10 · RB, en qualité d’ayant droit de Claude Chabrol and Others v Société des Auteurs et Compositeurs Dramatiques (SACD) and Others (C-182/24)

10Article 2 of that directive, entitled ‘Scope’, provides:1. Without prejudice to the means which are or may be provided for in Community or national legislation, in so far as those means may be more favourable for rightholders, the measures, procedures and remedies provided for by this Directive shall apply, in accordance with Article 3, to any infringement of intellectual property rights as provided for by Community law and/or by the national law of the Member State concerned.2. This Directive shall be without prejudice to the specific provisions on the enforcement of rights and on exceptions contained in Community legislation concerning copyright and rights related to copyright, notably those found in [Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (OJ 1991 L 122, p. 42)], and, in particular, Article 7 thereof or in [Directive 2001/29] and, in particular, Articles 2 to 6 and Article 8 thereof.3.This Directive shall not affect:(a) the Community provisions governing the substantive law on intellectual property, Directive 95/46/EC [of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31)], Directive 1999/93/EC [of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (OJ 2000 L 13, p. 12)] or Directive 2000/31/EC [of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ 2000 L 178, p. 1)], in general, and Articles 12 to 15 of Directive 2000/31/EC in particular;(b) Member States’ international obligations and notably the [Agreement on Trade-Related Aspects of Intellectual Property Rights, set out in Annex 1C to the Agreement Establishing the World Trade Organization (WTO), signed in Marrakesh on 15 April 1994 and approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ 1994 L 336, p. 1)], including those relating to criminal procedures and penalties;(c) any national provisions in Member States relating to criminal procedures or penalties in respect of infringement of intellectual property rights.’

RB, en qualité d’ayant droit de Claude Chabrol and Others v Société des Auteurs et Compositeurs Dramatiques (SACD) and Others (C-182/24)

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