JULY / AUGUST 2008
Forum shopping prospers despite Enforcement Directive
A review of seven jurisdictions shows that many disparities remain in enforcement in Europe. Canny IP owners can exploit these differences to their advantage
| One-minute read |
| 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. |
The IP Enforcement Directive (Directive 2004/48/EC) has finally been implemented in the EU member states. We are beginning to see how the Directive will affect IP rights owners. Although the Directive aimed to establish harmonized minimum standards, it is now clear that it has been implemented differently in member states and that there remains some scope for forum shopping in litigation.
The rest of this article is available to subscribers only. Subscribe today for full access to this article.
Alternatively take a free trial, giving you access to the current issue's contents*
If you are already a subscriber, please log in below to access the rest of this article.
*excludes some surveys and articles.