NetherlandsImplementing the EU IP Enforcement Directive at national level: a new regime?

On April 29 2004 the EU IP Rights Enforcement Directive (2004/48/EC) came into force. The purpose of the directive is to harmonise the enforcement of IP rights in order to combat IP rights infringement more effectively, in particular large-scale copying and piracy. For that purpose, member states must ensure that, before the commencement of proceedings on the merits of a case, the competent judicial authorities can order adequate temporary measures in order to protect relevant evidence concerning the alleged infringement, provided that any confidential information is protected. In order to take such measures, the authorities must be requested to do so by a party that has handed over reasonably obtainable evidence in support of the assertion that its intellectual property has been or will be infringed.

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