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26 November 2007

L'Oréal sues eBay for failing to combat the sale of fakes

L'Oréal, the world's largest cosmetics group, has launched legal action against eBay, the world leader in online auctions, for failing to combat the sale of counterfeit products on its internet platform. The dispute raises the issue of the liability of online auction websites in cases of trademark infringement.

30 May 2007

IP Criminal Enforcement Directive moves to next step

The European Parliament has adopted an EU Commission proposal for a Directive on criminal measures aimed at ensuring the enforcement of IP rights. The proposal prescribes, among other things, the minimum levels of criminal sanction which EU member states must implement against intentional IP infringements. EU Council discussions on the commission's proposal will continue at expert level next month.

02 June 2006

New proposal for a criminal enforcement directive adopted

The European Commission has adopted a new proposal for a directive on criminal measures in the field of intellectual property. The proposed directive is aimed at the better enforcement of IP rights. It seeks to harmonize and strengthen criminal measures in the field of IP in member states. It replaces an earlier directive and framework decision, which were withdrawn following a European Court of Justice ruling in September 2005.

18 October 2005

Proposed IP rights directive could clash with existing agreements

The European Commission has introduced a proposal for a new directive that would establish criminal sanctions against "all intentional infringements of an IP right on a commercial scale". However, there are fears that if adopted in its current form the proposal could constitute a serious step backwards in the fight against copyright piracy and counterfeiting.

12 September 2005

Proposals for harmonization of criminal law adopted

The European Commission has adopted proposals for a new directive and framework decision aimed at harmonizing member state criminal measures to prevent the infringement of IP rights, including trademark rights. The proposed directive and framework decision set out a harmonized approach towards, among other things, police powers of confiscation, and penalties and remedies available to right holders.

01 February 2005

Implementing regulation for new EU customs rules now in force

The regulation implementing Customs Regulation 1383/2003 on the more active role customs authorities may now play in the fight against IP rights infringement has come into force. The implementing regulation provides harmonized and simplified procedures. For instance, applications for customs actions can be made through a form available online and applicable throughout the European Union.

24 January 2005

Commission extends fight against piracy beyond EU borders

After adopting initiatives relating to the enforcement of IP rights within the European Union and at its borders, the European Commission has announced its strategy for the enforcement of IP rights in third countries. The commission will, among other things, seek to enforce IP rights in the countries where infringement is most frequent, using the remedies offered under the TRIPs and bilateral agreements.

05 July 2004

New rules make it tougher to get infringing goods across borders

The implementation of a new regulation last week gives rights holders a better chance of stopping counterfeiters bringing infringing goods into the European Union. The new regulation clarifies and strengthens existing procedures, including removing the requirement that rights holders pay a fee or provide security when asking customs authorities to investigate and detain suspect goods.

10 February 2004

National law supersedes EU law for counterfeit goods in transit

In Montres Rolex SA v X, the European Court of Justice has ruled that if a national court finds that national trademark law does not prohibit the transit of counterfeit goods, it cannot impose criminal penalties on such conduct pursuant to EU law, even if the national rules are contrary to EU law.

23 September 2003

New EU regulation to fight counterfeiting and piracy

The European Council of Ministers has adopted a regulation that will give harmonized, simplified and lower-cost access to customs actions within the European Union for use in relation to goods suspected of infringing IP rights. The text, which will come into force on July 1 2004, will replace Council Regulation 3295/94.

24 March 2003

Commission gets tough on counterfeiting and piracy

The European Commission has published its proposed Council Regulation setting out new rules for customs action against counterfeit and pirated goods. The new legislation will give more power to customs authorities and simplify the procedure to have counterfeits destroyed.