The question to the CJEU in the course of M&S practice. We have before us a solution to an interesting issue concerning a request for information in proceedings in intellectual property cases (Article 479 (112) et seq. of the Code of Civil Procedure). The doubt of the Court in Warsaw concerns the application of Article 8(1) in conjunction with Article 4(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004. As a consequence, the CJEU will consider the issue of the scope of application of a given measure of protection in the context of the necessity to previously confirm the entitlement to a given intellectual property right for our Client and the whole practice. What is more, as a result of the CJEU decision the issue of interpretation of the above mentioned regulations in the context of standard of proof in case of the so-called information claim is to be resolved. The question of the Court concerns whether it is necessary to prove or only to confirm certain circumstances within the framework of the application.
