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ARTICLE · 21 AUGUST 2008

Improved Enforcement Of Intellectual Property Rights

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On 1 September 2008, the Enforcement Act ("Act") will enter into force in Germany. The most important innovations introduced by the Act are an extended right of information, a right to obtain disclosure of i.a. documents in the control of the alleged infringer of an intellectual property right, a right to recall infringing products from the channels of commerce and aright to publication of judicial decisions.

GermanyIntellectual Property
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Originally published 20 August, 2008

Article by Daniel R. Marschollek and Dr. Constantin Rehaag

Keywords: intellectual property, Germany, infringer, Enforcement Act, Anti-Piracy Regulation,German Trademark Act, Patent Act, Act on Utility Models, the Act on the Protection of Semiconductors, the Design Act, the Copyright Act

On 1 September 2008, the Enforcement Act ("Act") will enter into force in Germany. The most important innovations introduced by the Act are an extended right of information, a right to obtain disclosure of i.a. documents in the control of the alleged infringer of an intellectual property right, a right to recall infringing products from the channels of commerce and aright to publication of judicial decisions. The Act also introduces a simplified destruction procedure in line with Article 11 of Council Regulation (EC) No. 1383/2003 concerning customs action against

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