Geography Reference
In-Depth Information
Protection of witnesses' identity
Article 7(5) of the Enforcement Directive provides that Member States may
take measures to protect witnesses' identity.
7.42
(d) Right of information
Article 8(1) provides that Member States shall ensure that, in the context of
proceedings concerning an infringement of an IPR and in response to a justified
and proportionate request of the claimant, the competent judicial authorities
may order that information on the origin and distribution networks of the
goods or services which infringe an IPR be provided by the infringer and/or any
other person who:
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(a) was found in possession of the infringing goods on a commercial scale;
(b) was found to be using the infringing services on a commercial scale;
(c) was found to be providing on a commercial scale services used in infringing
activities; or
(d) was indicated by the person referred to in point (a), (b) or (c) as being involved in the
production, manufacture or distribution of the goods or the provision of the services.
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Article 8(2) provides that the information referred to in Art 8(1) shall, as
appropriate, comprise:
(a) the names and addresses of the producers, manufacturers, distributors, suppliers
and other previous holders of the goods or services, as well as the intended
wholesalers and retailers;
(b) information on the quantities produced, manufactured, delivered, received or
ordered, as well as the price obtained for the goods or services in question.
7.45
Article 8(3) provides that Art 8(1) and (2) shall apply without prejudice to other
statutory provisions which:
(a)
grant the right holder rights to receive fuller information;
(b)
govern the use in civil or criminal proceedings of the information commu-
nicated pursuant to this Article.
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A study by the European Observatory on Counterfeiting and Piracy indicated
that the law and practice in relation to the application of this provision varied
widely between Member States.
30
In some cases the measures are available only
in the case of infringements committed on a commercial scale which, combined
30
European Observatory on Counterfeiting and Piracy,
Evidence and Right of Information in Intellectual Property
Rights
, (2010) available at http://ec.europa.eu/internal.market/iprenforcement/docs/evidence.en.pdf.
