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03 April 2009

ECJ rules on imposition of penalties within simplified customs procedure

In Schenker SIA v Valsts ienemumu dienests, the ECJ has held that the initiation, with the agreement of the IP rights owner and the importer, of the simplified procedure under Article 11 of the EU Customs Regulation does not deprive the national authorities of the power to impose a ‘penalty’, within the meaning of Article 18 of the regulation, on the parties responsible for importing the goods.

02 April 2009

High-level EU anti-counterfeiting group launched today

The European Union today launches its ambitious European Observatory on Counterfeiting and Piracy. The new initiative will provide a forum for enforcement agencies, public administrators and industry.

22 February 2009

European Union

The selection of a pharmaceutical trademark is increasingly complex given the size of the pharmaceutical market, the burgeoning number of pharmaceutical trademarks and the increasing number of languages in which those trademarks are registered.

13 January 2009

EU IP Enforcement Directive under the microscope

The EU IP Enforcement Directive could finally be implemented across the European Union in 2009, three years after the original deadline. While practitioners have been assessing the new regime, research by WTR has uncovered why jurisdictions from Luxembourg to Greece have had trouble making the necessary changes to domestic legislation.

05 December 2008

Judge us on our anti-counterfeiting actions, says top EU official

The European Union has not done enough to counter the threat of counterfeiting, a senior official from the Taxation and Customs Union Directorate-General has admitted.

24 July 2008

Report on EU customs activities in 2007 issued

The European Commission has published a Report on Community Customs Activities on Counterfeit and Piracy in 2007. Among other things, the report shows that the number of seizures of counterfeit goods significantly increased in 2007 compared to the previous year, which is partly due to the rise in the number of customs applications filed by IP rights owners.

10 March 2008


Seizures by Customs in the European Union increased by 40% between 2005 and 2006 and are continuing to grow. Although legislation has been introduced to tackle counterfeiting across the European Union, far more needs to be done to prevent the initial production and sale of infringing goods

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.