Jan 31st 2006 the European Parliament's JURI committee held a public hearing on "The Effective Protection of Intellectual Property: a Challenge for Europe"
http://wiki.ffii.org/JuriHearing060131En
Reto M. Hilty, Managing Director, Max Planck Institute for IP, Professor of Law was among those who made a presentation.
See analysis, especially the competence and subsidiarity sections.