Search results for "Balance of interests"
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Available Defences for Defendants in the Provisional Measures in Europe: Between Theory and Practice
2014
The EU Enforcement Directive provides a set of provisional measures to be applied by a request of a right-holder of a particular object of intellectual property. Simultaneously, the EU Enforcement Directive envisages a set of defences for an alleged infringer in order to safeguard the balance of parties. This article discusses available defences for an alleged infringer in provisional measures as provided by the EU Member States when norms of the EU Enforcement Directive are transposed in conjuncture with the available court practice. Specifically, the present article focuses not only on the threshold of evidence to be presented by a plaintiff for application of provisional measures but als…
Available Defences in Provisional measures: Between the Enforcement Directive and National law
2015
AbstractThe EU Enforcement Directive provides a set of provisional measures to be applied upon request from a right-holder of a particular object of intellectual property. Simultaneously, the EU Enforcement Directive envisages a set of defences for an alleged infringer (defendant) in order to safeguard the balance of the parties. This article discusses available defences for an alleged infringer in the provisional measures as provided by the EU Member States when the norms of the EU Enforcement Directive are transposed. Specifically, the present article not only focuses on the threshold of evidence to be presented by a plaintiff for the application of provisional measures, but also in regar…