ECJ permits IP right holder to seek order for information from infringer subsequent to main infringement action

European Union

In New Wave CZ as v Alltoys spol sro, in response to a reference for a preliminary ruling by the Czech Supreme Court, the ECJ has held that the right of information under Article 8(1) of the Enforcement Directive 2004/48 must not be limited to proceedings seeking to find an infringement of an IP right and so could be requested in a separate action.

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