Forum shopping prospers despite Enforcement Directive

Four years after the EU Enforcement Directive was agreed, it has been implemented in all EU member states - providing, in theory, harmonized standards for IP enforcement. In practice, however, differences in implementation and in local approaches leave open opportunities for forum shopping. Reviewin...

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Bibliographic Details
Published in:Managing Intellectual Property 2008-07
Format: Magazinearticle
Language:English
Subjects:
Case law
Contempt of court
Correspondence
Costs
Criminal liability
Enforcement
EU directives
Intellectual property
International trade
Jurisdiction
Legal fees
Shopping
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Summary:Four years after the EU Enforcement Directive was agreed, it has been implemented in all EU member states - providing, in theory, harmonized standards for IP enforcement. In practice, however, differences in implementation and in local approaches leave open opportunities for forum shopping. Reviewing the law and recent cases in seven key jurisdictions, it is clear five important issues - how to preserve evidence, how to obtain information about infringement, how to get injunctive relief without notifying the infringer, corrective measures and publication of judgments and recovery of legal costs - have been treated differently in each member state. Each remedy remains most effective in the jurisdiction in which it originated, and it is the smaller states that have been the quickest adopters of new remedies. By knowing which remedies are most effective where, you can develop an effective pan-European enforcement strategy.
ISSN:0960-5002