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Client Information / May 2008

Enforcement Directive

Assuming a product or method you have developed is copied by a competitor, leading you to suspect that he also infringes your patent directed to the product or method. But, you have no definite proof since you cannot look into the infringer’s facilities. In the previous legal situation you had to take a decision as to whether you should take a risk and file an infringement action in spite of a lack of evidence, or whether you should choose rather not to stop the infringer. This unsatisfactory situation is about to change.

On 1 September 2008, the law on improved enforcement under civil law of intellectual property rights and the respective amendments to the law will come into force.

For the complete text please download the pdf-file here.