Latest news

Second Edition Out Now !

19 July 2012

First released in 2006, the Oxford University Press book "Enforcement of Intellectual Property Rights through Border Measures" has been fully updated in the second edition to include the two more recent Member States Bulgaria and Romania. The work thus provides important guidance for intellectual property rights-holders on the practical application of border measures in the 27 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 1383/2003. 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 fundamental changes to the national Customs authorities’ detention and seizure procedures in respect of in-transit goods.

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Brazilian Anti-Counterfeiting Council Creates Trademark Database to Assist Enforcement Efforts

28 December 2011

The International Trademark Association (INTA) reports that a new Directory of Trademark Owners has been launched in Brazil by the National Council to Combat Piracy and Crimes against Intellectual Property.

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LANDMARK DECISION ON COUNTERFEIT GOODS IN TRANSIT: The European Court of Justice Issues its Judgment in Joined Cases C-446/09 (PHILIPS) and C-495/09 (NOKIA)

1 December 2011

The CJEU confirms that the ’Manufacturing Fiction’ doctrine was just Science-Fiction. In-transit goods should not be treated differently under Regulation (EC) 1383/2003 from goods to which the Regulation does not apply. However, Customs may detain or suspend the release of in-transit goods whenever they have suspicions that such goods might in fact be destined for the EU market. Such suspicions may, for instance, be grounded on the fact that the consignor cannot be identified, or that the shipper is disguising commercial intentions.

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Korean Customs can now go after infringements of plant variety rights and geographical indications

14 July 2011

On 1 July 2011, the Korea Customs Office announced that, due to the taking effect of the Korea-EU FTA Agreement and the amendment of the Korea Customs Law, products can now not only be protected for the trade mark and copyrights but also for plant variety protection and geographical indication at customs upon being exported or imported.

Thanks to our Friend Ho-Hyun Nahm of Barun IP & Law for letting us know !

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CJEU advises that national courts must be able to order online auction platforms to take measures intended not only to bring to an end infringements of intellectual property rights but also to prevent further infringements of that kind

12 July 2011

Today the ECJ has handed down a landmark judgment in the case C-324/09 L’Oréal v. EBay and provided clarification on the liability of companies operating internet marketplaces for trade mark infringements committed by users. In a nutshell, the court advises that national courts must be able to order those companies to take measures intended not only to bring to an end infringements of intellectual property rights but also to prevent further infringements of that kind.

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