ECJ ruling on banking secrecy: mixed news for mark owners

In Coty Germany GmbH v Stadtsparkasse Magdeburg (Case C-580/13), exploring the limits of banking secrecy within the context of the right to information under Article 8(3)(e) of the EU IP Rights Enforcement Directive (2004/48/EC), the ECJ ruled that Article 8(3)(e) of the directive precluded a national rule that allowed banks to invoke banking secrecy unconditionally to reject requests for information. However, this does not mean that the ECJ places IP rights above data protection and banking secrecy laws.

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