Abstract

In the Coty Germany case, the CJEU examines the question whether a banking institution, which provided services to an infringer of intellectual property rights could reject a claim to information on the grounds of bank secrecy. According to the judgement this would not be consistent with the requirements of the enforcement directive whose aim is to ensure a high level of protection for the rightholders. Starting from this point the author elaborates what are the entities the claim to information could be addressed to and a possible conflict between such claim and stringent banking laws in Poland. In the final part, the author discusses possible alternative ways of obtaining required information that would serve the purpose of asserting the claims for infringement of intellectual property rights without prejudice to bank secrecy.