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28 September 2017

Unpublished EU study casts doubt on displacement of sales by online infringement, but the reality is nuanced

The EU Commission has come under fire for failing to to publish a €360,000 study of the economic costs of piracy – the report was only released after a member of the European Parliament obtained a copy following a freedom of information request. The report suggests that piracy has little negative effect on sales of copyrighted material, although the findings are slightly more nuanced than that headline conclusion. While it does not directly address the consequences of trademark infringement, it will stir up debate about the economic costs of counterfeiting.

08 September 2017

EU General Court upholds Chanel’s claims of infringement

Chanel SAS v EU Intellectual Property Office dealt with a registered Community design (RCD) intentionally devised to copy the Chanel monogram. The case demonstrates that rights holders are fighting back against the emerging counterfeiting trend of RCDs which look suspiciously similar to well-known designs and trademarks, and that the courts and IP offices are finally listening.

01 September 2017

Landlord liability for counterfeits – coming soon to Canadian premises near you?

In Canada, there is as yet no clear precedent for holding a landlord liable as an intermediary for dealings in counterfeits on its premises. However, a case launched last year by Louis Vuitton could be about to change this

18 May 2017

Border seizure measures in the European Union

As a single market composed of 28 member states with 500 million consumers, the European Union is a highly attractive business market – and a prime target for counterfeiters. The EU Customs Regulation is the most cost-efficient and strongest tool to fight counterfeiting, given the investigative powers of customs authorities throughout the European Union.

01 January 2017

European Union: Trademark owners versus counterfeiters: the EU customs regime

While the EU customs regime is a cost-efficient tool for combating counterfeiting, its scope is threatened by changes in how counterfeiters operate and the fallout from Brexit

03 October 2016

EU customs seizures skyrocketed in 2015; concerns raised that counterfeit issue being ‘massively underestimated’

The European Commission’s latest annual report into EU customs enforcement has found that the level of suspected counterfeit articles detained by authorities rose by 15% year-on-year, with the number of applications for action up by a startling 59% across the same time period. While the estimated value of the detailed articles totals nearly €650 million, one expert claims the report could be massively underestimating the scope of the problem.

15 July 2016

EUIPO and Europol step up efforts against online infringement

The EU IP Office and Europol have joined forces to launch the IP Crime Coordinated Coalition, which will provide operational and technical support to law enforcement agencies. The move comes shortly after a new study revealed the diversity of business models being used by infringers online.

13 July 2016

ECJ intermediary decision is a victory for brand owner collaboration; REACT reveals more to come

Last week, the European Court of Justice confirmed that operators of physical marketplaces could be held liable for the sale of counterfeit and other illicit goods by market traders. While deemed a significant win for IP owners, the decision also demonstrates the effectiveness of joint-party legal actions – with experts telling World Trademark Review that they strongly encourage more precedent-setting collaborations.

07 April 2016

The good, the bad and the stubborn: study highlights challenge posed by attitudes towards fake goods

The EUIPO has released new research into attitudes to piracy and counterfeiting among young consumers. The research, which comes in at 248 pages, contains a wealth of information – but not all of it is easy reading for those tasked with winning over hearts and minds in the fight against counterfeit goods.

09 December 2015

New report on counterfeits in China and Southeast Asia finds "scale of the problem is not diminishing"

A new study submitted to the UK government by IP firm Rouse traces the trade in counterfeit goods between China and Southeast Asia and provides recommendations for UK brand owners. However, the report makes it clear that this is a complex issue with no easy fixes.

04 November 2015

EU customs report shows two-fold increase in detained goods being released due to brand owner inaction

New data from the European Commission has found that the number of goods seized by customs authorities across the EU that were subsequently released due to brand owner inaction doubled in 2014, highlighting the urgent need for rights holders to respond to customs notifications in a timely manner.

02 November 2015

European Commission publishes report on customs enforcement of IP rights in 2014

The European Commission has published a report on customs enforcement of IP rights in 2014. Among other things, the report reveals that the total number of customs detentions rose to 95,194 in 2014, an increase of 10% compared to 2013; however, the value of the seized goods amounted to €617,046,337, which represented a 19.6% drop compared to the previous year. These are the first statistics to be released following the entry into force of Regulation 608/2013.

11 September 2015

The true cost of counterfeiting in the EU: an infographic

OHIM has released its latest study into the economic cost of IP infringement in various sectors, this time focused on sports goods. To mark this, World Trademark Review has reviewed the studies published to date and compiled an infographic that highlights the combined cost of counterfeiting in the EU.

31 July 2015

Coty is major step for IP rights protection - but IP owners should not get 'over-excited'

In Coty Germany v Stadtsparkasse Magdeburg, the ECJ has held that national banking secrecy laws that allowed banks, in an unlimited and unconditional manner, to refuse to provide information which a rights owner required to protect its IP rights, were precluded by Article 8(3)(e) of the IP Rights Enforcement Directive. However, it is important to note that the decision does not rank IP rights above data protection and banking secrecy laws in general.

21 July 2015

New study outlines the billions lost by industry and governments to illicit trade

The European Observatory on Infringements of Intellectual Property Rights has released its latest study into the economic cost of IP rights infringement, revealing that the clothing, footwear and accessories sector loses approximately €26.3 billion of revenue annually due to the presence of counterfeit products in the EU market. It is the related finding that government revenues are being hit to the tune of €8.1 billion annually that will resonate with law and policy makers.