Geography Reference
In-Depth Information
(b) Persons entitled to apply for the application of the measures, procedures and
remedies
Article 4 provides that Member States shall recognise as persons entitled to
seek application of the measures, procedures and remedies referred to in this
chapter:
7.22
(a) the holders of IPRs, in accordance with the provisions of the applicable law;
(b) all other persons authorised to use those rights, in particular licensees, in so far as
permitted by and in accordance with the provisions of the applicable law;
(c) intellectual property collective rights-management bodies which are regularly
recognised as having a right to represent holders of IPRs, in so far as permitted by
and in accordance with the provisions of the applicable law;
(d) professional defence bodies which are regularly recognised as having a right to
represent holders of IPRs, in so far as permitted by and in accordance with the
provisions of the applicable law.
The language of Art 4 would appear to cover those producer associations and
certification bodies which monitor specific GIs.
(c) Evidence
Article 6(1) provides that Member States shall ensure that, on application by a
party which has presented reasonably available evidence sufficient to support its
claims, and has, in substantiating those claims, specified evidence which lies in
the control of the opposing party, the competent judicial authorities may order
that such evidence be presented by the opposing party, subject to the protection
of confidential information. For the purposes of this paragraph, Member States
may provide that a reasonable sample of a substantial number of copies of a
work or any other protected object be considered by the competent judicial
authorities to constitute reasonable evidence.
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i. Disclosure of documents
Article 6(2) provides that under the same conditions, in the case of an
infringement 'committed on a commercial scale' Member States shall take such
measures as are necessary to enable the competent judicial authorities to order,
where appropriate, on application by a party, the communication of banking,
financial or commercial documents under the control of the opposing party,
subject to the protection of confidential information.
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7.25
'Commercial scale' is not defined in the body of the Enforcement Directive but
Recital (14) states that 'acts carried out on a commercial scale are those carried
out for direct or indirect economic or commercial advantage; this would
normally exclude acts carried out by end consumers acting in good faith'. In an
