Creation of Technical Conditions for Use or Infringement – The Meanders of the Warehouse Keeper’s Liability in Light of CJEU Judgment C-567/18 Coty Germany

Abstract One form of industrial property right infringement is stocking for the purpose offering or marketing. This appears both in EU legal acts on trademarks designs, as well national regulations, including those concerning patents. What specific to when compared other activities comprising stipulated exclusivity holder rights fact that literal meaning “stocking” does not explain whether infringing party warehouse keeper entity places goods storage. The structure absolute would theoretically permit view law violated by accepts storage and such To determine if there an infringement, it must be established what being stocked are further intended for. It without significance finding depend fault awareness. From point regime, difficult find arguments against this understanding stocking. Since offeror may held liable even have yet been manufactured, conceivable accepting also liable. interpretation concept certainly correspond nature liability infringement. In a recent judgment CJEU confirmed who, behalf third party, stores which infringe trademark only creates technical conditions use provided aware person who decides about storing can treated infringer. However, did respond question regarding could infringer pursues aims at request put into