The book

Released February 2006

The 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, and provides an ambitious ‘snapshot’ 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, Bern 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). (iii) The main part of the book is devoted to national reports on the application of border measures in all 25 Member Countries of the European Community. (iv) The conclusive Chapter is written by Prof Jeremy Phillips.

This manual is the very first English language publication dealing with the practical application of Regulation 1383/2003 in all 25 Member Countries of the European Community.

All of the national contributors are highly qualified practitioners handling anti-counterfeiting matters on a daily basis.

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Book reviews

... is a practical contribution to the concerted fight against counterfeiting and piracy. The book provides a detailed, structured analysis of the border measures currently in place in each of the 25 Eurupean Union countries. It contains extensive references to case law, the day-to-day practice of customs authorities and further advice on sound commercial practices. ... The weighty volume (some 1,400 pages) is a practical tool for any IP rights holders, lawyers, and enforcement authorities involved in cross-border trade with or within the EU, as well as being a reference work for academics and libraries. WIPO Magazine 4/2006 p 17

Vrins and Schneider are to be commended for producing a book that provides a compendium of jurisdictional practice along with a commentary of how the Community legislation works. ... The editors could not have chosen their general commentators better: Michael Blakeney, Daniel Gervais, and Jeremy Phillips are probably the three pre-eminent experts in this field; the other local authors have all been carefully chosen as leaders in their particular country. …the book makes a valiant, authoritative, and successful attempt to provide reliable and accurate guidance on the principal features of the Community regulations as well as any local practice. …it should be a standard text book for any practitioner who is serious about being involved in border control measures relating to intellectual property. Ashley Roughton, Journal of Intellectual Property Law and Practice, Oxford University Press, 2006, Vol 1, N° 8.

’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 book so exceptional (and so valuable)...one imagines that the in-house lawyer who works 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 to any intellectual property library. - Phillip Johnson, EIPR’

Covering such a complex subject, it is a real achievement to make it so clear and accessible, providing a valuable resource for specialist practitioners, brand owners and law enforcement. Its appeal is broad and many of its contributors are active in the field of anti-counterfeiting in many different territories, so they bring real experience to the task. ... Oxford University Press is to be commended for publishing this much-needed new guide to EU law and practice, at a time when governments are focussing on intellectual property protection as never before, in order to progress new policies and - we hope - strengthen our IP régimes. ... Understanding how the legal system works is an important step towards that goal, to which this book will make a major contribution. Ruth Orchard, Director-General of The Anti-Counterfeiting Group

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