Hoffmann · Eitle Newsletter 7/2008 - Implementation in Germany of the “Enforcement Directive” of 29 April 2004 Autor: Dr. Anja Petersen-Padberg Dr. Anja Petersen-Padberg, member of Hoffmann · Eitle's legal department, has written a summary on the implementation of Directive 2004/48/EC ("Enforcement Directive") in Germany by means of the "Act on Improving Enforcement of Intellectual Property Rights" which entered into force on 1 September 2008. This Act provides holders of IP rights with new rights with regard to - preservation of evidence, in particular before the commencement of proceedings, - procuring evidence in litigation, - claiming information from non-involved third parties, - the recall of goods infringing an IP right, - securing bank, financial and commercial documents in order to obtain information on assets, following which said assets can be seized to secure the recovery of damages, - publishing court decisions, - customs actions in that a “simplified proceeding” has been introduced allowing destruction of detained goods by customs authorities without a previous court decision, in abidance with Council Regulation (EC) 1383/2003. Download available: Click HE_Newsletter_07-2008.pdf (1433554 bytes) · back to digest