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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:
  • 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

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