The claim to inspection in commercial intellectual
property law is currently developing on an ongoing basis. However,
differences can be seen between the practices of the Regional
Courts. Submission of design drawings? Remote access to a server
abroad? Enforcement by removal of all servers? Unexpected
opportunities arise and new questions are raised.
With the implementation of the enforcement directive on
01.09.2008, a claim to the inspection of an item and submission of
documents were implemented in various intellectual property laws
(cf. Sections 140c Patents Act, 101a Copyright Act, 24c Utility
Model Act, 19a Trade Mark Act, 46a Design Act). A comparable claim
already existed in previous German law in Sections 809, 810 German
Civil Code. The content and requirements of the claim have
continued to be developed further in case law, and this development
is not complete to this day. In particular there is still no
unanimous opinion about what toleration and cooperation
