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Enforcement of Intellectual Property Rights through Border Measures

Enforcement of Intellectual Property Rights through Border Measures Law and Practice in the EU, 2nd Edition

Author: Olivier Vrins; Marius Schneider
Publisher: Oxford University Press
ISBN: 9780199692934
Published In: July 2012
Format: Hardback , 1248 pages
Jurisdiction: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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A practical guide to using border measures against the importation of goods infringing intellectual property rights into the European Union
A coherent and comprehensive overview of the application of the border measures regime under Regulation (EC) 1383/2003 and national laws
Coverage of practical aspects of problems involving multi-state abuses of intellectual property rights (including how to contact Customs authorities and useful website addresses)
Jurisdiction-by-jurisdiction chapters written by a specialist team of experts from across Europe
Stakeholder mapping section explaining the respective roles of the many international organizations that are active in the enforcement of intellectual property rights

New to this edition

New chapter on organized crime providing guidance on this increasingly prevalent issue in counterfeiting networks
Analysis of the practical application of border measures in the two more recent Member States of Bulgaria and Romania
Updated coverage of relevant legislation and case law including Commission Regulation 1172/2007 and recent decisions relating to goods in transit, sanctions against traffickers and Community applications for action

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.

Readership: Intellectual Property practitioners, in-house lawyers, patent attorneys, companies, collecting societies, public authorities, and academics.

1: The phenomenon of counterfeiting and piracy, a global concern, main actors and consequences
2: The involvement of organized crime
3: The international legal framework of border measures in the fight against counterfeiting and piracy
4: Enforcement of intellectual property rights, an overview of existing harmonization and the way forward
5: Regulation (EC) 1383/2003
6: Austria
7: Belgium
8: Bulgaria
9: Cyprus
10: Czech Republic
11: Denmark
12: Estonia
13: Finland
14: France
15: Germany
16: Greece
17: Hungary
18: Ireland
19: Italy
20: Latvia
21: Lithuania
22: Luxembourg
23: Malta
24: The Netherlands
25: Poland
26: Portugal
27: Romania
28: Slovak Republic
29: Slovenia
30: Spain
31: Sweden
32: United Kingdom
33: Intellectual property: Borders and crossroads

Edited by Olivier Vrins, Attorney-at-law, ALTIUS, Belgium, and Marius Schneider, Attorney-at-law, Eeman & Partners, Belgium

Olivier Vrins is attorney-at-law at Altius, one of the leading Belgian law firms in the field of intellectual property. He graduated in law at the University of Louvain-la-Neuve (Belgium), and completed a Master in European Law at the European Institute of Ghent University (Belgium) as well as a Master (LL.M) in Intellectual Property and Unfair Competition at Queen Mary & Westfield College (University of London). His practice focuses on intellectual property litigation, including anti-counterfeiting. He has published several articles on intellectual property related issues, including on border measures (eg under EC Regulation 1383/2003). He was invited to give seminars on the implementation of EC intellectual property law as part of the PHARE program of the EC Commission in the East and Central European Countries.

Marius Schneider is attorney-at-law at Eeman & Partners. He formerly worked with Gevers & Partners. Before joining Gevers & Partners he practised at the Brussels bar. He is a graduate of the University of Louvain-la-Neuve (Belgium), University College London (LL.M) and the Brussels Katholieke Universiteit (Master in Intellectual Property). Mr Schneider is the director of the anti-counterfeiting department of Gevers & Partners, where he also practises mostly trade mark and design law, and he lectures on intellectual property at the ICHEC and VLEKHO colleges. He was invited as part of the PHARE program of the EC Commission to give seminars on the implementation of EC intellectual property law in the East and Central European Countries.

Contributors:
Tom Alkin, 11 South Square
Rafaella Arista, Studio Torta
George Ballas, Ballas, Pelecanos & Associates
Rafaella Barbuto, Studio Torta
László Bérczes, Bérczes Law Office
Collette Brady, DFMG Solicitors
Andrej Bukovnik, ITEM
Antoine Camilleri, Mamo TCV Advocates
Juan Jose Caselles, Elzaburu
Nuno Cruz, J. Pereira da Cruz, S.A.
Gary Cywie, Noble & Scheidecker
Patrice de Candé, Marchais de Candé
Marianne Decker, Decker, Braun & Poos
Ignacio Diez de Rivera, Elzaburu
Indrek Eelmets, Sorainen
Bengt Eliasson, Zacco Advokater AS
Alison Firth, University of Surrey
Martin Fritz, Fritz & Partners
Daniel Gervais, Vanderbilt University
Benoit Godart, INTERPOL
Zuzana Hecko, Allen & Overy
Johanna Harsu-Lilja, Roschier
Pepy Ioakimides, Ballas, Pelecanos & Associates
Emil Jurcenoks, Plesner
Bernt Juthström, Roschier
Stefanie Körber, Weber & Sauberschwarz
Petra Korejzova, Korejzova & Spol
Christine Lai, Director General of UNIFAB
Benoît Lory, European Commission
Gregor Macek, ITEM d.o.o.
Alecos Markides, Markides, Markides & Co
Hermione Markides, Markides, Markides & Co
Mads Marstrand-Jorgensen, Norsker & Co Advokater
Patricia McGovern, DMFG Solicitors
Gatis Merzvinskis, Petersona Patents
Kunio Mikuriya, Secretary General WCO
Gonçalo Moreira Rato, Telepac
George Moukas, Ballas, Pelecanos & Associates
Frits Mutsaerts, Banning Advocaten
Riina Pärn, Intels Ltd
Christian Peugeot, President of UNIFAB
Jeremy Phillips, Queen Mary Intellectual Property Research Institute
Gilles Ringeisen, Cabinet Plasseraud
Maarten Rijks, Banning Advokaten
Sture Rygaard, Plesner
Dorota Rzazewska, JWP
Marius Schneider, Eeman & Partners
Zofia Senda, Kulikowska & Kulikowski
Olga Sirakova, Interius
Helmut Sonn, Sonn & Partner
David Tonna, Mamo TCV Advocates
Simon Tracey, Mishcon de Reya
Raluca Vasiliescu, Cabinet M. Oproiu
Kristina Vilkiené, Metida
Veronika Vojir Vokal, ITEM
Oliver Vrins, ALTIUS
Helena Wassén Östroöm, Lindahl
Christophe Zimmerman, WCO

"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." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers