Author: Admin BorderMeasures

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 […]

Korean Customs Can Now Go After Infringements of Plant Variety Rights and Geographical Indications; 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 […]

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 […]

Brazilian Anti-counterfeiting Council Creates Trademark Database to Assist Enforcement Efforts; 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.

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 […]

The findings of the Legal Sub-Group of the EU Observatory on Counterfeiting & Piracy regarding the evaluation of the implementation of Directive 2004/48/EC (“the Enforcement Directive”) in the Member States (Damages and Corrective Measures) have been released on the Observatory’s website. In the context of the European Observatory on Counterfeiting and Piracy, the private sector […]

The First Joint Plenary Meeting of the EU Observatory on Counterfeiting and Piracy took place in Madrid on 10 June 2010. After a short introduction on behalf of the Spanish Presidency by the Director General of the Spanish Patent and Trademark Office, Mr. Alberto Casado Cerviño, Mrs. Margot Fröhlinger (European Commission, DG MARKT) reaffirmed the […]

In a decision handed down by the Court of appeal of Reims (France) on 22 July 2010, eBay France was held liable for sale of counterfeit Hermes products by its users. The Court reasoned that eBay France was liable as a “publisher of online brokering services” that exceeded “purely technological, automatic and passive [site host] […]

Thanks to SHRAVAN KUMAR BANSAL from M/s United Overseas Trade Mark Company for providing us with an update of Indian Customs Regulations with respect to IPR Infringements. Intellectual Property Crime under Indian Law Increasingly, the global economy is dependent upon the creation and distribution of intellectual property (IP) to drive economic growth. However, markets are […]