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30 April 2010

The Customs-business partnership: the key to better IP rights protection

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.

30 April 2010

Ecuador

Ecuador has one of the most comprehensive and advanced IP legislative frameworks in the Americas. Passed in 1998, the IP Law covers patents, trademarks, designs, utility models, trade secrets, semiconductor chips, copyrights (with sections dealing with software, digital databases and audiovisual works), neighbouring rights, unfair competition, online infringement and rights protection.

30 April 2010

Proactive enforcement through information sharing

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.

30 April 2010

Romania

The legal framework for the protection and enforcement of IP rights in Romania includes the Law on Trademarks and Geographical Indications (84/1998), the Patent Law (64/1991), the Law on Designs and Models (129/1992), the Law on Copyright and Related Rights (8/1996) and the Law on Unfair Competition (11/1991).

30 April 2010

Saudi Arabia

The main national laws relating to counterfeiting and other IP rights infringements include the Commercial Fraud Law (Royal Decree 11/1984), the Trademark Law (Royal Decree 21/2002) and the Patent, Layout Design of Integrated Circuits, Plant Varieties and Industrial Designs Law (Royal Decree 27/2004).

30 April 2010

Bahrain

Various IP rights are recognized, secured, registered, acquired, administered, protected and enforced under the following national laws, among others: the Trademarks Law (11/2006) and the Patents and Utility Models Law (1/2004, as amended by Law 14/2006).

30 April 2010

Germany

Germany is a signatory to all relevant international IP protection agreements, including the Paris Convention for the Protection of Industrial Property, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Madrid Agreement and Protocol.

30 April 2010

Sweden

Trademarks in Sweden are protected as either registered Community trademarks, registered Swedish trademarks or Swedish trademarks established on the Swedish market. The latter type of mark must be known among a significant proportion of the relevant classes of person as a sign for the goods or services for which it has been used.

30 April 2010

European Union

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.

30 April 2010

Israel

The following relevant laws, among others, apply to anti-counterfeiting in Israel: the Trademarks Ordinance (5732-1972), the Trademarks Regulations 1940, the Trademarks Regulations (appeal before the Supreme Court) (5748-1987) and the Trademarks Order (Protection of Industrial Property) 1934.

30 April 2010

Bangladesh

Bangladesh’s judicial and legal system is largely modelled on the Indo-Mughal and UK legal systems. The judicial structure consists of lower courts and a Supreme Court, both of which hear civil and criminal cases. The lower courts comprise administrative courts (magistrates’ courts) and session judges.

30 April 2010

Working with the international community against counterfeiters and pirates

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.

30 April 2010

Spain

Various statutory instruments provide for anti-counterfeiting measures in Spain. Several EU regulations apply directly in this field, including those on customs borders measures, which standardise border seizure proceedings within the European Union.

30 April 2010

Pharmaceuticals and counterfeiting

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.

30 April 2010

India

Liberalization and urbanization in India have contributed to a sharp rise in counterfeiting. Counterfeit goods are not only flooding domestic markets in familiar areas, such as software, garments, electronics and leather bags, but also in new areas, including pharmaceuticals, food, cosmetics and personal care products.