Law
Christian Heinze
Einstweiliger Rechtsschutz im europäischen Immaterialgüterrecht
[Provisional Measures in European Intellectual Property Law.]
Published in German.
With the enactment of directive 2004/48/EC, the European legislator has for the first time established minimum standards for the enforcement of intellectual property rights in Europe. Christian Heinze studies the consequences of this directive and other acts of European law for provisional measures in intellectual property litigation. After examining the remedies guaranteed by European law and the European concept of interim measures as well as their economic and factual consequences, he deals with the requirements, the procedure and the consequences of such relief. He comes to the conclusion that provisional measures in intellectual property law are built in all the stages of the proceedings upon a European foundation which the courts of the Member States are bound to comply with when interpreting and applying their national law.