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Privacy advocates hail the new General Data Protection Regulation as a big step forward in the protection of personal data against misuse and abuse by commercial interests. The regulation confirms, they assert, that each natural person interacting on the worldwide web has “the right to be forgotten”. But how does our increasingly global internet-based society deal with bad actors, including criminals, in the face of these new privacy protections?
Original equipment manufacturing (OEM) is an important means of economic development for China, and disputes relating to trademark infringement in the OEM model have become a problem that cannot be ignored. In light of increased customs enforcement, a large number of OEM companies are concerned as to whether they will become involved in infringement disputes through the products that they manufacture.
Anti-counterfeiting work includes many players rights holders, customs officials, law enforcement, legislators, IP offices, intermediaries and consumers. In order to effectively enforce against counterfeiting, the International Trademark Association navigates this puzzling issue by connecting the different players together, one piece at a time, to get the big picture.
Despite efforts to identify the optimal legal framework and most efficient strategies to combat counterfeiting, it remains a constant problem worldwide. Concerns are expressed at all levels from governments to international organisations and individual stakeholders and are centred on the need to establish a healthy and secure market for consumers, ensure the protection of legitimate trade and promote competition.
Bereskin & Parr LLP Amendments to the Trademarks Act should come into force in 2019. While an expanded definition of ‘trademark’ should prove a boon, more restrictive examination practice could cause difficulties
In 2017, INTA remains focused on several key issues chief among them anti-counterfeiting, internet governance, plain and highly standardised packaging restrictions and working to build and maintain strong and harmonised IP laws and regulations on a global scale.
The number of trademark applications is rising each year as a result of the ease of reaching consumers through the Internet and the globalisation of markets. While some regions (eg, China) are registering more marks than others, this increase is a worldwide trend.
Birch Stewart Kolasch & Birch LLP Donald Trump was a vocal critic of the transfer of internet governance functions to ICANN in September 2016. What action is he likely to take now that he is president?
It is a pleasure to welcome you to the third edition of Anti-counterfeiting A Global Guide. Building on the success of previous publications, Anti-counterfeiting 2010 provides trademark professionals with comprehensive guidance on anti-counterfeiting laws, procedures and strategies in key global jurisdictions, presented in a simple, easy-to-use format. For this year’s guide, we have expanded the coverage to bring analysis from 51 jurisdictions, with two regional chapters identifying trends in the European Union and sub-Saharan Africa. In addition, international enforcement strategies and the fight against counterfeiting in the electronics and pharmaceutical industries are examined. The directory of dedicated anti-counterfeiting service providers further enhances the guide’s value as an indispensable business tool. Anti-counterfeiting 2010 does not seek to offer specific legal advice and should not be read as though it does. However, only those firms and organizations with specialist expertise in the field of anti-counterfeiting were invited to contribute and the authors raise a number of critical points that IP rights owners and their advisers should take into consideration when constructing an international anti-counterfeiting strategy. My gratitude goes to all contributors for their hard work and support for this important project. I would also like to thank the Anti- Counterfeiting Group, Business Action to Stop Counterfeiting and Piracy, the International AntiCounterfeiting Coalition, INTERPOL and the World Customs Organization for all their assistance during the production of Anti-counterfeiting 2010. Trevor Little Managing editor
In recent years IP crime has reached record levels, prompting governments around the world to take a significantly more serious stand against it. The rise in IP crime and compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights has spurred many governments to update legislation criminalising counterfeiting and piracy.
Globalization of trade also means globalization of crime. By way of proof, one need look no further than the Customs and IPR Report 2008 produced by the World Customs Organization (WCO) for its 176 members, which revealed that over 2,000 brands were counterfeited in 2008, with counterfeit goods originating in 106 countries and destined for some 140 countries.
The latest figures published by the European Commission show that counterfeiting is a growing phenomenon in the EU market. In 2008 EU customs authorities seized 178 million counterfeit and pirated goods and handled over 49,000 anti-counterfeiting cases, more than ever before.
Counterfeit products and IP theft have real-world consequences. Not only are they threats to a nation’s economy, but certain types of IP crime also endanger the public.
Counterfeits are not produced to any significant degree in Africa; they are primarily manufactured in Asia, particularly China. However, a disproportionately high percentage of counterfeit shipments where genuine products can be mixed with other goods, sometimes with false or incomplete transport documents are destined for Africa, either directly or via ports such as Karachi, Dubai or Hong Kong, which are often used to re-route counterfeit products in order to disguise their origin.
Rights holders face various different issues with regard to counterfeit pharmaceuticals. This chapter deals with issues in the European Union, as they may be considered representative of issues elsewhere in the world.
The most recent statistics available from European customs authorities show that the number of counterfeit goods on the market continues to increase. The number of products suspected of infringing IP rights and being detained pursuant to the EU Customs Regulation (1383/03) by European customs authorities rose by 126% from 79 million items in 2007 to 178 million in 2008. The number of border detentions made during the same period increased by 13%, from 43,671 cases to 49,381.
We live in a technology and information-based global society, where economic growth increasingly depends on innovation, invention and creativity. In order to continue to grow, to compete and to deliver products and services to the marketplace, companies are increasingly investing in ‘intellectual capital’.
Australia has a well-established legal regime to deal with counterfeit and pirated goods. Under the Trademarks Act 1995 (Cth) and the Copyright Act 1968 (Cth), a range of civil and criminal measures can be taken in relation to products that infringe registered trademarks and copyright material.
A number of statutory instruments provide for anti-counterfeiting measures in Austria. Some of these are based on EU legislation, while others have been harmonised with EU law. The EU Customs Regulation (1383/2003) and the corresponding implementation regulation (1891/2004) standardise border seizure proceedings within the European Union and are thus applicable in Austria.
The International Criminal Police Organization has focused on combating IP crime since 2002 and has committed a significant amount of its resources to this cause. The reason for this prioritization is the clear involvement of transnational organized criminals who manufacture and distribute counterfeit and pirated products on a regional and increasingly global basis.
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