One advantage of European Community IP rights is that the courts of a member state in which an alleged infringer has its place of business are competent to decide cases with effect across the entire EU.
One advantage of European Community intellectual property rights such as the Community trademark or the Community design is that the courts of a member state in which an alleged infringer has its place of business are competent to decide cases with effect across the entire EU. Cease and desist orders affect the whole EU are regularly granted by German courts against German companies.
In Community design cases, the Federal Supreme Court (Bundesgerichtshof) has, in the past, decided that actions committed in one member state constitute a danger of imminent infringement in other member states as well. The establishment of such a danger is a prerequisite of a cease and desist claim according to German law.
Either an infringing action has already been committed and constitutes a likelihood of repetition, or an infringement is held to be imminent; in both cases, cease and desist claims can be enforced in Germany.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email tech support.
Baby buggy, Community design, design infringement, manufacturing, Germany Federal Supreme Court