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Enforcement of Intellectual Property Rights Through Border Measures: Law and Practice in the EU
Enforcement of Intellectual Property Rights Through Border Measures: Law and Practice in the EU (Hardback)
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Providing a practical analysis of anti-counterfeiting and anti-piracy measures at the borders of the European Union, this book deals with all aspects of border measures under Regulation (EC) 1383/2003. It includes a thorough description of the implementation of the regime and also looks at areas of national law, giving a coherent and comprehensive overview of the application of the border measures regime within the European Union. Fully updated in the second edition to include the two more recent Member States of Bulgaria and Romania, the work provides important guidance for intellectual property rights-holders on the practical application of border measures in these two Member States. Coverage of the legislation and guidance is also updated to include commentary on Commission Regulation 1172/2007, which created a new application for action form for the applications based on a "Community right", as well as the DG TAXUD manual for filing applications for action under Regulation 1381/2003.

Updates to case law include important recent decisions in relation to goods in transit, sanctions against traffickers when a case has been settled under the simplified procedure, Community applications for action, and the ECJ's Advocate-General's opinion on the use of information provided to an intellectual property rights-holder during a border seizure of goods.This second edition also considers the UK HMRC's fundamental changes to its detention and seizure procedures in respect of goods infringing trade mark and copyright. New material includes a new stakeholder mapping section explaining the respective roles of the many international organisations that are active in the enforcement of intellectual property rights such as WIPO, WCO, WHO, OLAF, EUROPOL, and INTERPOL as well as a new chapter on organized crime in light of its increasing occurrence within counterfeiting networks.

Law >> Laws of Specific jurisdictions >> Company, commercial & competition law >> Commercial lawLaw >> Laws of Specific jurisdictions >> Intellectual property law >> Designs lawLaw >> Laws of Specific jurisdictions >> IT & Communications law >> Data protection law Publisher: Oxford University Press Publication Date: 07/09/2012 ISBN-13: 9780199692934  Details: Type: Hardback Format: Books
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More books by Olivier Vrins

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IP LAWYER WORKING IN THE EU? THIS BOOK IS WHAT YOU NEED INCLUDING FREELY ACCESSIBLE WEBSITE FOR THE LATEST NEWS ON BORDER MEASURES An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers ‘Counterfeiting and piracy: a 21st century pandemic’ is the heading that prefaces the remarks made in the foreword of this distinctly valuable book. In fact, we would have to say, an indispensable book, especially if you happen to be an intellectual property lawyer, whether independent or in-house. The editors, Marius Schneider and Olivier Vrins, are even more robust in their condemnation of the deluge – make that a world-wide cataclysmic tsunami – of counterfeited and pirated goods, brands, trademarks and so forth, currently flooding the world’s markets. In the Preface, they are happy to call it a ‘plague’ which it unfortunately is, as evidenced alone by the multiplicity of figures and statistics quoted in this book. ‘Scourge’ and ‘gangrene’ are other descriptions which are accurate enough when you consider the many and manifold repercussions of this type of crime. As expressed by many of the no less than 70 learned contributors to this work – now in its second edition from OUP -- the phenomena of piracy and counterfeiting are a threat to consumers worldwide. The threat in question is not merely an economic one, it’s a serious risk to basic health and safety: brake pads made of compressed grass, for example, as well as any number of bogus pharmaceutical products, often and easily sold over the internet, with only the remotest chance of discovery or prosecution. How horrifying is that? This formidable and eminently readable work of reference analyses the way in which a European Regulation – Regulation 1383/2003 – works and is applied in each EU Member State – and the modes of application certainly do vary, mainly due to differences in interpretation. ‘Variations will continue,’ remark the editors, ‘for as long as the Court of Justice of the European Union has not been asked to examine them.’ One of the many beauties of this book is Section IV on Border Measures at the National Level – in which you can look up who’s doing what about the enormity of this problem in each and every member state of the EU, from Austria and Belgium, to Spain, Sweden and the UK. Other sections include in-depth comment and analysis on counterfeiting and piracy with respect to, for instance -- its economic and social consequences… the international background and legal framework… and of course, the legal framework in the EU itself. Particularly intriguing is the chapter on the involvement of organized crime, including criminal multinationals, routes to market and modus operandi, as well as a summary of the current situation and outlook. As evident from its usefully detailed table of contents, this book of over 1,000 pages is logically structured, with each chapter having an introduction and conclusion. There’s a detailed index at the back and at least fifty-five pages of tables of cases and legislation and of treaties and agreements. And don’t forget the website -- freely available as a source of up-to-date news on border measures across the EU. The publication date is cited as at March 2012.

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