BGH, October 10, 2017 – I ZB 96/16, published on February 6, 2018 Another milestone for cease and desist orders has been reached in Germany. The German Federal Supreme Court has clarified in a number of decisions that defendants in cease and desist orders not only have to cease the infringing use but also have to
IP Enforcement Focus is our series of written, video and audio posts which plug into your current European enforcement issues. These posts cover IP related court cases as well as relevant political and economic developments in this area. Since January, we have published 13 summaries of key IP enforcement developments, including 8 v-logs. This round-up outlines each commentary with a link to the full post,
In this IP Enforcement Focus v-log we report on a very important decision by the German Federal Supreme Court that will have enormous influence on the practice in IP infringement cases. The court had to deal with the question of whether a cease and desist order aimed on the distribution of infringing products includes the obligation to recall
BGH, 29th September 2016 – I ZB 34/15, published on the 10th January 2017 The German Federal Supreme Court decided on the 29th September 2016, published on the 10th January 2017, to the surprise of many that a cease and desist order regarding the distribution and promotion of infringing products in principle includes the obligation
In this IP Enforcement Focus v-log, we report on a surprising decision by the German Supreme Court that has the potential to have enormous practical relevance. The court had to deal with the question of whether a cease and desist order aimed at the distribution of infringing products includes the obligation to recall the products from third