Article 7(1) of IPRED provides for the possibility, in appropriate cases, to issue measures to preserve evidence without the other party having been heard (i.e. ex parte), in particular where any delay is likely to cause irreparable harm to the rightholder or where there is a demonstrable risk of evidence being destroyed.
Comments closedDay: 23 January 2018
The legal uncertainty as to whether all rights relevant for the retransmission have been cleared faced by the retransmission service providers other than cable is expected to persist under the baseline option. As a result, those service providers can be expected to continue limiting their retransmission offers. Moreover, in view of the legal uncertainty, some market players might hesitate to launch innovative retransmission services or delay the launch in order to deal with licensing.
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