Book review: Enforcement of Intellectual Property Rights in the EU Member States

Multi-jurisdictional IP litigation in the European Union has become easier and somewhat foreseeable since the entry into force of the Enforcement Directive almost 13 years ago. However, EU Member States retain broad liberty in choosing the best means to achieve the objectives set out by the Directive. In addition, the Directive was not intended to harmonize all aspects of intellectual property enforcement, such as judicial organization matters or criminal sanctions.

“Enforcement of Intellectual Property Rights in the EU Member States” is a 1200-page strong collaborative effort by 64 authors from all 28 EU Member States presenting the most relevant aspects of IP enforcement in all EU national jurisdictions. The topic is introduced by a first chapter on the “Genesis, Adoption and Application” of the Enforcement Directive authored by editor Flip Petillion and Alexander Heirwegh. Chapters 2 to 29 then analyse the peculiarities of IP enforcement from A (Austria) to U (United Kingdom). The full text of the Enforcement Directive is annexed after the last chapter.

All authors present their respective national rules along mostly the same structure, which largely follows the structure of the Enforcement Directive. Therefore, the book can also be used as a commentary on individual provisions of the Enforcement Directive – or rather how they have been implemented in various Member States.

For many issues, the Enforcement Directive provides only general rules, giving Member States the lee-way to implement such provisions as they see fit. In that context, the book provides a valuable guide for many such issues such as when and how defendants can be ordered to present evidence and what sanctions are available in case of non-compliance (Art. 6 of the Enforcement Directive) and what national measures are available to preserve evidence before the commencement of proceedings (Art. 7 of the Enforcement Directive). The authors also weigh in on topics not explicitly mentioned by the Enforcement Directive, such asthe availability of “protective briefs” (“Schutzschrift”) to prevent an ex parte order. Importantly, the individual chapters also summarise the applicable rules to calculate damages for IP infringement, an area where national legislation still differ, as evidenced by this book.

The book stands out from similar multi-jurisdictional collaborative works not only by containing the full package of all EU Member States, but also by the high level of detail of how national statutory rules and case law are presented. This work will no doubt be an important aid for in-house counsel and litigators in managing multi-jurisdictional IP lawsuits. It can also be used to make comparative law arguments in national proceedings.

Order directly from Intersentia here

ISBN 978-1-78068-681-3 (Hardcover)

ISBN 978-1-78068-782-7 (PDF)

1243 pages

EUR 205 (Hardcover or e-book)