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Journal of Intellectual Property Law & Practice Advance Access originally published online on May 15, 2006
Journal of Intellectual Property Law & Practice 2006 1(7):458-466; doi:10.1093/jiplp/jpl061
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© The author (2006). Published by Oxford University Press. All rights reserved.

Practice Point

Questions on the law of evidence in plant variety infringement proceedings

Gert Würtenberger*
* Rechtsanwalt, Wuesthoff & Wuesthoff

Legal context. Section 940 of the German Civil Procedure Act providing interim injunctions is applicable, inter alia, in the enforcement of Plant Variety Rights.

Key points. The nature of plants, as living organisms, means that the enforcement of intellectual property rights against alleged infringers raises issues of proof and evidence that are unique to their subject matter.

Practical significance. Interim injunctions have great practical importance in Plant Variety infringement cases. Significant evidence problems exist due to the natural variations in plants. This article discusses the practical requirements for establishing evidence of infringement of plant variety rights in actions on the merits as well as in interim injunction proceedings.


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