Second edition (2012) Available now!
The book is a practical guide to the use of border measures against the import of goods infringing intellectual property rights into the European Union. It provides a coherent and comprehensive overview of the application of the border measures regime under Regulation (EC) 1383/2003 and national laws in EU Member States, covering practical aspects of issues involving multi-state intellectual property rights abuses (including how to contact customs authorities and useful website addresses).
Presenting a practical analysis of anti-counterfeiting and anti-piracy measures at the borders of the European Union, this book covers all aspects of border measures under Regulation (EC) 1383/2003. It includes a detailed description of the implementation of the regime and also examines areas of national law, giving a coherent and comprehensive overview of the application of the border measures regime within the European Union.
First published in 2006, the book has been fully updated in the second edition (scheduled for publication on July 5, 2012) to include Bulgaria and Romania. The work thus provides important guidance to intellectual property right holders on the practical application of border measures in the 27 Member States. The coverage of legislation and guidance is also updated to include comments on Commission Regulation 1172/2007, which created a new application form for applications based on « Community law », as well as as the DG TAXUD manual for submitting requests for intervention. under Regulation 1383/2003. Case law updates include important recent decisions concerning goods in transit, sanctions against traffickers when a case has been settled under the simplified procedure, requests for Community intervention and the opinion of the Advocate General of the ECJ on the use of information provided to an intellectual property rights holder when seizing goods at the border. This second edition also examines fundamental changes to national customs authorities’ detention and seizure procedures for goods in transit. opinion of the Advocate General of the ECJ on the use of information provided to an intellectual property holder during a seizure of goods at the border. This second edition also examines fundamental changes to national customs authorities’ detention and seizure procedures for goods in transit. opinion of the Advocate General of the ECJ on the use of information provided to an intellectual property holder during a seizure of goods at the border. This second edition also examines fundamental changes to national customs authorities’ detention and seizure procedures for goods in transit.
The new material further includes a new stakeholder mapping section explaining the respective roles of the many international organizations that are active in the enforcement of intellectual property rights such as WIPO, WCO, WHO, OLAF, EUROPOL and INTERPOL as well as a new chapter on criminal organizations given its increasing frequency within counterfeiting networks.
Readership: IP practitioners, in-house lawyers, patent attorneys, businesses, collecting societies, public authorities and academics. This manual is the very first publication in English dealing with the practical application of Regulation 1383/2003 in the 27 member countries of the European Union.
Additional information is available on the publisher’s website.
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Reviews of the second edition
PI LAWYER WORKING IN THE EU? THIS BOOK IS WHAT YOU NEED
“Counterfeiting and Piracy: A 21st Century Pandemic” is the title that precedes the remarks made in the foreword of this work of undeniable value. In fact, we should say, a must-have book, especially if you are an intellectual property lawyer, whether freelance or in-house.
The editors, Marius Schneider and Olivier Vrins, are even more forceful in their condemnation of the deluge – make it a cataclysmic global tsunami – of counterfeit and pirated goods, brands, trademarks, etc., which are currently flooding global markets.
In the Preface, they content themselves with calling it a « scourge » which it unfortunately is, as evidenced by the multiplicity of figures and statistics quoted in this work. “Scourge” and “gangrene” are other sufficiently precise qualifiers if one considers the numerous and multiple repercussions of this type of crime.
As expressed by many of the no less than 70 scholarly contributors to this book – now in its second edition by OUP – the phenomena of piracy and counterfeiting are a threat to consumers around the world.
… This terrific, eminently readable reference work analyzes how a European regulation – Regulation 1383/2003 – works and applies in each EU Member State – and the way in which it is applied certainly varies, mainly due to differences in interpretation…
One of the many beauties of this book is Section IV on border measures at national level – where you can research who is doing what in the face of the enormity of this problem in each EU member state, from Austria to Belgium, via Spain, Sweden and the United Kingdom.
Other sections include in-depth commentary and analysis on counterfeiting and piracy with regard to, for example, its economic and social consequences…the international context and legal framework…and of course, the legal framework of the EU itself.
Particularly intriguing is the chapter on the involvement of organized crime, including multinational criminals, routes to market and mo
dus operandi, as well as a summary of the current situation and prospects.
As evidenced by its helpfully detailed table of contents, this 1,000+ page book is logically structured, with each chapter having an introduction and a conclusion. There is a detailed index on the back and at least fifty-five pages of tables of cases and legislation and treaties and agreements… Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Reviews of the first edition
… is a concrete contribution to the concerted fight against counterfeiting and piracy. The book provides a detailed and structured analysis of the border measures currently in place in each of the 25 countries of the European Union. It contains many references to case law, the daily practice of customs authorities and additional guidance on good business practice. … The large volume (approximately 1,400 pages) is a practical tool for all intellectual property rights holders, lawyers and enforcement authorities involved in cross-border trade with or within the EU, as well as a reference work for scholars and libraries. WIPO Magazine 4/2006 p 17
Vrins and Schneider are to be commended for producing a book which provides a compendium of judicial practice as well as a commentary on the operation of Community law. … The editors could not have chosen their general commentators better: Michael Blakeney, Daniel Gervais and Jeremy Phillips are probably the three preeminent 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 advice on the main features of Community regulation as well as any local practice. …this should be a standard manual for any practitioner who is serious about learning involved in border control measures relating to intellectual property. Ashley Roughton, Journal of Intellectual Property Law and Practice, Oxford University Press, 2006, Vol 1, No 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 of the book, is both scholarly and accessible. This in-depth discussion of national provisions is what makes this book so exceptional (and so valuable)…one imagines that the corporate lawyer who works with these provisions in many different countries will find this information very useful. This text is strongly recommended to all those who regularly work with the border regulation; and it would be a useful addition to any IP 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 anti-counterfeiting field in many different territories, so they bring real experience to the task. … Oxford University Press is to be commended for publishing this indispensable new guide to EU law and practice, at a time when governments are more focused than ever on the protection of intellectual property, in order to make advancing new policies and – we hope – strengthening our intellectual property regimes. … Understanding how the legal system works is an important step towards that goal, to which this book will make a major contribution. Ruth Orchard, chief executive of the anti-counterfeiting group.