Geography Reference
In-Depth Information
applicant does not institute, within a reasonable period, proceedings leading to
a decision on the merits of the case before the competent judicial authority, the
period to be determined by the judicial authority ordering the measures where
the law of a Member State so permits or, in the absence of such determination,
within a period not exceeding 20 working days or 31 calendar days, whichever is
the longer.
vii.
Security
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Article 9(6) of the Enforcement Directive provides that the competent judicial
authorities may make the provisional measures referred to in Art 9(1) and (2)
subject to the lodging by the applicant of adequate security or an equivalent
assurance intended to ensure compensation for any prejudice suffered by the
defendant as provided for in para 7.
viii. Compensation
Article 9(7) of the Enforcement Directive provides that where the provisional
measures are revoked or where they lapse due to any act or omission by the
applicant, or where it is subsequently found that there has been no infringement
or threat of infringement of an IPR, the judicial authorities shall have the
authority to order the applicant, upon request of the defendant, to provide the
defendant appropriate compensation for any injury caused by those measures.
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(f) Measures resulting from a decision on the merits of the case
i. Corrective measures
Recital (24) to the Enforcement Directive explains that there should be
corrective measures, where appropriate, at the expense of the infringer, such as
the recall and definitive removal from the channels of commerce, or destruc-
tion, of the infringing goods and, in appropriate cases, of the materials and
implements principally used in the creation or manufacture of these goods.
These corrective measures should take account of the interests of third parties
including, in particular, consumers and private parties acting in good faith.
7.59
Article 10(1) provides that without prejudice to any damages due to the right
holder by reason of the infringement, and without compensation of any sort,
Member States shall ensure that the competent judicial authorities may order,
at the request of the applicant, that appropriate measures be taken with regard
to goods that they have found to be infringing an IPR and, in appropriate cases,
with regard to materials and implements principally used in the creation or
manufacture of those goods. Such measures shall include:
7.60
(a)
recall from the channels of commerce;
