Landlord, watch what your tenants are up to!

The basis for such an approach can be found in the IP Enforcement Directive (2004/48/EC). According to a recent judgment by the European Court of Justice, Art. 11 of the IP Enforcement Directive allows an injunction to be issued ordering the landlord to take specific action when dealing with a tenant, in particular to refrain from extending lease contracts with a trademark infringer. While Polish lawmakers have yet to directly implement Art. 11 of the directive, the general rules of liability under the Civil Code could be applied analogously, supported by the principle of pro-EU interpretation of national law. So far there have not been any rulings issued by Polish courts in comparable cases, but it appears that under Polish law it is also possible to issue an injunction against a landlord requiring it to take specific action in relation to a tenant, although in Poland such an injunction would probably carry stricter conditions, particularly the need to prove that the landlord was at f