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.
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.
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