In this short IP Enforcement Focus v-log we discuss IP Owners’ right of information in accordance with Article 8 of the EU IP Rights Enforcement Directive. Specifically the interplay between proceedings to obtain measures such as cease and desist rights – and obtaining information from the infringer.
The CJEU was requested to make a preliminary ruling by the Supreme Court of the Czech Republic in the context of infringement proceedings which closed with, inter alia, cease and desist rights awarded to plaintiff. The question is, does the Art. 8 requirement for claims to be “in the context of proceedings concerning an infringement” bar separate information claims?
Watch the video log here