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European Court of Justice, 13 September 2001, Case C-89/99, Schieving-Nijstad vof et al. v. Robert Groeneveld

European Court of Justice, 13 September 2001, Case C-89/99, Schieving-Nijstad vof et al. v.... Legal Issues of Economic Integration 29(3): 323­333, 2002. © 2002 Kluwer Law International. Printed in the Netherlands. By * 1. Legal framework The WTO agreement was concluded by the European Community and its Member States as a mixed agreement. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPs Agreement) was one element of the WTO Agreement. At issue in the present case are the provisions of Article 50 of the TRIPs, which reads as follows: 1. The judicial authorities shall have the authority to order prompt and effective provisional measures: (a) to prevent an infringement of any intellectual property right from occurring, and in particular to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance; (b) to preserve relevant evidence in regard to the alleged infringement. 2. The judicial authorities shall have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. (...) 4. Where provisional measures have been adopted inaudita altera parte, the parties affected shall http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Legal Issues of Economic Integration Kluwer Law International

European Court of Justice, 13 September 2001, Case C-89/99, Schieving-Nijstad vof et al. v. Robert Groeneveld

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Legal Issues of Economic Integration , Volume 29 (3) – Jan 1, 2002
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Kluwer Law International
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Copyright © Kluwer Law International
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0377-0915
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Abstract

Legal Issues of Economic Integration 29(3): 323­333, 2002. © 2002 Kluwer Law International. Printed in the Netherlands. By * 1. Legal framework The WTO agreement was concluded by the European Community and its Member States as a mixed agreement. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPs Agreement) was one element of the WTO Agreement. At issue in the present case are the provisions of Article 50 of the TRIPs, which reads as follows: 1. The judicial authorities shall have the authority to order prompt and effective provisional measures: (a) to prevent an infringement of any intellectual property right from occurring, and in particular to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance; (b) to preserve relevant evidence in regard to the alleged infringement. 2. The judicial authorities shall have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. (...) 4. Where provisional measures have been adopted inaudita altera parte, the parties affected shall

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Legal Issues of Economic Integration – Kluwer Law International

Published: Jan 1, 2002

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