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

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Hardcover UNUSED, BRAND NEW, NOT EX-LIBRARY, 1416 pages. This book is a practical guide on anti-counterfeiting and anti-piracy measures at the borders of the enlarged European ... Community. It deals with all aspects of 'border measures' under Regulation (EC) 1383/2003. As well as providing a thorough description of the implementation of the new regime, the publication also fills in the gaps by including areas of national law, thus providing a coherent overview of the application of the current regime of border measures in place within the European Union. The main topics addressed are: (i) the general background behind the phenomena of counterfeiting and piracy in Europe (by Prof. Michael Blakeney); (ii) the international legal framework for border measures (Paris Convention, Berne Convention, TRIPS, WIPO Model Provisions, etc. ) (by Prof. Daniel Gervais), as well as (EC) Regulation 1383/2003, Implementing Regulation 1891/2004 and the case law of the European Court of Justice (by Mr Schneider and Mr Vrins) Read more Show Less

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Overview


The entry into force on 1 July 2003 of EC Regulation 1383/2003, and the adoption on 21 October 2004 of EC Regulation 1891/2004, have given rise to what could be regarded as the most significant breakthrough in the field of border measures against goods (suspected of) infringing intellectual property rights. For the first time in history, 25 countries are provided with a directly applicable piece of legislation covering almost all possible intellectual property right infringements. This book offers a root and branch examination of the legislation and the procedure in the jurisdictions of all Member States of the EU, bringing together the latest Member States practices, critically discussing them and putting them in perspective.
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Product Details

  • ISBN-13: 9780199288793
  • Publisher: Oxford University Press
  • Publication date: 3/15/2006
  • Edition description: 1ST
  • Pages: 1414
  • Product dimensions: 9.80 (w) x 6.70 (h) x 2.30 (d)

Meet the Author

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 works with Gevers & Partners, which were recently nominated as the Benelux leading intellectual property consultants in 2004 by Managing Intellectual Property. 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. He was also invited to chair a panel of authorised specialists on anti-counterfeiting at the Brussels Intellectual Property 2004 Summit supported by the European Commission in December 2004.

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Table of Contents

1 The phenomenon of counterfeiting and piracy in the European Union : factual overview and legal and institutional framework 3
2 The international legal framework of border measures in the fight against counterfeiting and piracy 37
3 Regulation (EC) 1383/2003 65
4 Austria 175
5 Belgium 225
6 Cyprus 281
7 Czech Republic 311
8 Denmark 341
9 Estonia 367
10 Finland 391
11 France 425
12 Germany 471
13 Greece 511
14 Hungary 535
15 Ireland 563
16 Italy 605
17 Latvia 655
18 Lithuania 683
19 Luxembourg 721
20 Malta 751
21 The Netherlands 783
22 Poland 825
23 Portugal 885
24 Slovak Republic 947
25 Slovenia 965
26 Spain 989
27 Sweden 1017
28 United Kingdom 1059
29 Intellectual property : borders and crossroads 1099
App. A EC Regulation 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights 1111
App. B EC Regulation 1891/2004 laying down provisions for the implementation of EC Regulation 1383/2003 1123
App. C TRIPs Agreement : Section 4 (articles 51-60) : 'special requirements related to border measures' and Section 5 (Article 61) 'criminal procedures' 1157
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