#62025CC0276EU Advocate General backs document disclosure in IP infringement cases
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This opinion says courts should be able to order an alleged IP infringer to provide not only information about the origin, distribution, quantities, and prices of infringing goods, but also documents that prove the information is accurate and complete. If the Court of Justice follows this view, businesses enforcing designs, trademarks, patents, or other IP rights could get stronger evidence earlier in infringement cases. Companies accused of infringement may need to produce invoices, orders, receipts, or similar records where the request is justified and proportionate.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Supports a broader EU right to information in intellectual property infringement cases
- Allows courts to require supporting documents, not just written answers or data
- Makes invoices, orders, receipts, and similar records potentially available to IP right holders when proportionate
Obligations
What this law requires
The Advocate General concludes that Article 8(1) and (2) of Directive 2004/48/EC should be interpreted to allow a court, on a justified and proportionate request, to order an alleged IP infringer or other covered person to provide documents demonstrating the accuracy and completeness of information about infringing goods or services.
The opinion states that the right of information under Article 8 of Directive 2004/48/EC covers information on the origin and distribution networks of goods or services alleged to infringe intellectual property rights, including identities of producers, manufacturers, distributors, suppliers, previous holders, intended wholesalers, and retailers.
The opinion states that information obtainable under Article 8 of Directive 2004/48/EC may include quantities produced, manufactured, delivered, received, or ordered, and prices obtained for the allegedly infringing goods or services.
The opinion emphasizes that any request for information or supporting documents under Article 8 of Directive 2004/48/EC must be justified and proportionate; courts should reject disproportionate requests.