The German Federal Supreme Court has decided (Case I ZB 34/15, September 29 2016, published on January 10 2017), to the surprise of many, that a cease-and-desist order regarding the distribution and promotion of infringing products includes, in principle, the obligation to recall products that are already on the market. It is expected that this judgment will have enormous influence on the practice, in particular with regard to IP infringement cases.

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