Enforcement of Intellectual Property Rights through Border Measures: Law and Practice in the EU

Hardcover | July 5, 2012

EditorOlivier Vrins, Marius Schneider

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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 atareas 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 guidanceis 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 includeimportant 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 propertyrights-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 lightof its increasing occurrence within counterfeiting networks.

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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 atareas of national law, giving a coherent and co...

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 a...

other books by Olivier Vrins

Format:HardcoverDimensions:1182 pages, 9.69 × 6.73 × 0.98 inPublished:July 5, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199692939

ISBN - 13:9780199692934

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Table of Contents

1. The phenomenon of counterfeiting and piracy, a global concern, main actors and consequences2. The involvement of organized crime3. The international legal framework of border measures in the fight against counterfeiting and piracy4. Enforcement of intellectual property rights, an overview of existing harmonization and the way forward5. Regulation (EC) 1383/20036. Austria7. Belgium8. Bulgaria9. Cyprus10. Czech Republic11. Denmark12. Estonia13. Finland14. France15. Germany16. Greece17. Hungary18. Ireland19. Italy20. Latvia21. Lithuania22. Luxembourg23. Malta24. The Netherlands25. Poland26. Portugal27. Romania28. Slovak Republic29. Slovenia30. Spain31. Sweden32. United Kingdom33. Intellectual property: Borders and crossroads

Editorial Reviews

Review from previous edition: "Enforcement of... ', which weighs in at over 1,200 pages, is a welcome arrival. The third chapter... which is by far the most important in the book, is both erudite and accessible. This comprehensive discussion of the national provisions is what makes this bookso exceptional (and so valuable)...one imagines that the in-house lawyer who work with these provisions in many different countries will find this information very useful. This text is highly recommended to anyone who work regularly with the Border Regulation; and it would be a useful addition toany intellectual property library" --Philip Johnson, EIPR