Geography Reference
In-Depth Information
involved in the production, manufacture or distribution of the goods or
the provision of the services.
Article 8(2) of the Enforcement Directive then itemises the type of information
which may be provided, including:
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(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.
The general qualification to the information which may be provided under laws
implementing the Directive is that the information applies in respect of acts
carried out on 'a commercial scale'. This term is not defined in the substantive
part of the Directive but in Recital 14, which 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'.
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In the UK, responding to complaints from right holders that for the purposes of
civil litigation, they were unable to obtain information from the Trading
Standards Service, which, among other things, conducts investigations into
counterfeiting, changes were made to Part 9 of the Enterprise Act 2002.
Section 241A of that Act enables public authorities subject to competition law
concerns to disclose information where the information is to be used for civil
proceedings 'relating to or arising out of the infringement of an intellectual
property right or relating to or arising out of passing off or the misuse of a trade
secret'.
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(ix) Indemnification of the defendant
Where 'enforcement measures have been abused' Art 48.1 provides that the
judicial authorities shall have the authority to order a party 'at whose request
enforcement measures were taken' to provide 'adequate compensation for the
injury suffered because of such abuse' to a person wrongfully enjoined or
restrained. Article 48.1 also provides for the applicant to be ordered to pay the
defendant's 'appropriate attorney's fees'.
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Department for Business Enterprise and Regulatory Reform, A Guidance Note on Information Disclosure to
Consumers and Intellectual Property Rights Holders for Civil Proceedings', March, 2008, accessed at
http://www.bis.gov.uk/files/file41381.pdf.
