Key takeaways from the publication are:
Enforcement Directive
The Enforcement Directive covers the enforcement of the whole range of IP rights and related rights.
German case law in principle in line with the Enforcement Directive
The latest case law of the German Federal Constitutional Court is in line with the Enforcement Directive when interpreted in the sense that obtaining a preliminary injunction without a hearing for the defendant is still possible under certain circumstances.
European fundamental rights
The balancing of European fundamental rights supports the aforementioned situation. Here, the right to be heard and the right to an effective legal remedy must be weighed against each other. This means that, in general, it is reasonable to warn the other party beforehand.
The full publication on beck-online (German language) can be found here and our related publications are linked under related materials. If you require further information, please get in touch with Morten Petersenn.
Authored by Morten Petersenn and Nils Peters
