Hoffmann Eitle - München, London

01.09.2008 -

Implementation in Germany of the “Enforcement Directive” of 29 April 2004

On 1 September 2008, the "Act on Improving Enforcement of Intellectual Property Rights" entered into force in Germany, thus implementing the European Directive 2004/48/EC ("Enforcement Directive").

The Act on Improving Enforcement provides holders of IP rights with new rights with regard to
- preservation of evidence, in particular before the commencement of proceedings,
- procuring evidence in litigation,
- claiming information from non-involved third parties,
- the recall of goods infringing an IP right,
- securing bank, financial and commercial documents in order to obtain information on assets, following which said assets can be seized to secure the recovery of damages,
- publishing court decisions,
- customs actions in that a “simplified proceeding” has been introduced allowing destruction of detained goods by customs authorities without a previous court decision, in abidance with Council Regulation (EC) 1383/2003.

A Hoffmann · Eitle Newsletter has been prepared which summarizes the important changes in Intellectual Property in Germany. It is available in PDF form in the section "Publications" of this website.