Article 4 of the Intellectual Property Rights Enforcement Directive (2004/48/EC) sets out who has an entitlement to make an application for the provisions available under the Directive. Subsections (a) and (b), which recognise the entitlement of holders of intellectual property rights and those authorised to use those rights, have already been implemented. Subsections (c) and (d) require member states to introduce representative actions if they are recognised by the applicable law. UK domestic law does not permit representative actions and so these articles do not apply in cases where the applicable law is that of the UK.
The Civil Justice Council published their final recommendations to improve access to justice for consumers and small businesses in collective claims on 12 December, although it does not make a specific recommendation on article 4. This report is being considered across Government and we will publish a formal response as soon as possible.