Latest news

New Case before the ECJ

18 August 2008

In Case C-302/08 Zino Davidoff SA v Bundesfinanzdirektion Sudost, the Finanzgericht Munchen, Germany, has requested a preliminary ruling from the European Court of Justice concerning the interpretation of Article 5(4) of EC Regulation 1383/2003.

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Latest news on SECURE

14 August 2008

Our readers will recall that, last June, several developing countries expressed their concern that their opinions had not largely been taken into consideration for the draft of SECURE (Standards to be Employed by Customs for Uniform Rights Enforcement), telling the World Customs Organization (WCO) secretariat that this draft did not reflect the true positions of all the members of the working group.

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Brussels Commercial Court agrees with NYSD Court about eBay

14 August 2008

A few weeks ago, the Commercial Court of Paris ordered eBay to pay a huge amount of damages to luxury goods manufacturers for allowing counterfeit versions of their goods to be sold at its online auction website. In contrast, on 31 July 2008, the Brussels Commercial Court rejected a similar claim by L’Oréal against eBay.

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Customs recording system for IP rights in India

13 August 2008

In compliance with Article 51 of the TRIPS Agreement, which requires signatory countries to adopt border control procedures, the Indian government introduced the Intellectual Property Rights (Imported Goods) Enforcement Rules 2007 in May 2007. Although this legislation came into force a year ago, the Indian Customs appear only to have activated the new recording system for IP rights in the past few months.

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New border control measures in Peru

12 August 2008

A Legislative Decree (1092/2008) introducing border control measures for the protection of Intellectual Property Rights (copyrights, trademark rights and related rights) was published by the Peruvian government in June 2008.

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