Advanced

Combating Trademark Counterfeiting with Border Measures- Serbia as a case study

Smiljanic, Negosava (2008)
Department of Law
Abstract
Most counterfeit goods are luxury goods bearing a well-known trademark. The counterfeit goods also can be protected by copyright/design protection. WIPO Intellectual Property Handbook: Policy, Law and Use (WIPO 2004, second edition) A counterfeit trademark is defined in Article 51 of the TRIPS as the following: &quot&semicCounterfeit trademark goods shall mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation.'' Trademark is... (More)
Most counterfeit goods are luxury goods bearing a well-known trademark. The counterfeit goods also can be protected by copyright/design protection. WIPO Intellectual Property Handbook: Policy, Law and Use (WIPO 2004, second edition) A counterfeit trademark is defined in Article 51 of the TRIPS as the following: &quot&semicCounterfeit trademark goods shall mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation.'' Trademark is guaranteed by law and international agreements, providing protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment.http://www.wipo.int/about-ip/en/about_trademarks.html#function For the purpose of this study, I will assess the standards concerning availability&semic scope and the use of trademarks are introduced in the TRIPS Agreement (referring to the Paris Convention), which does not deal with the procedural aspects of the registration of trademarks ensured in the Madrid Agreement and Protocol. The international standards of Custom control were established under Section 4 of the enforcement of IP rights: ''Special Requirement Related to Border Measures'' of TRIPS, as one of the most important enforcement provisions for combating counterfeiting. Additionally, on the regional level, Council Regulation No 1383/ 2003 and 1891/2004 lays down the provisions for customs actions to protect and enforce IP rights and the implementing legislation, and to go beyond the minimum standards required in the TRIPS. In Serbia, where customs data on intercepted/seized goods does not exist, one of the most popular and effective tools for stopping infringing goods arriving in the country is through the Customs Authorities. Under the Custom Law of Serbia (Official Gazette No. 73/ 2003, revised No. 61/ 2005, 85/ 2005, 62/ 2006 and 63/ 2006) and Regulations Governing Customs Actions with Respect to the Importation of Goods (Official Gazette No. 127/ 2003, revised No. 25/ 2007), Customs has been given the authority to seize and destroy counterfeit goods in certain circumstances. (Less)
Please use this url to cite or link to this publication:
author
Smiljanic, Negosava
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
International Human Rights Law and Intellectual Property Rights
language
English
id
1555300
date added to LUP
2010-03-08 15:23:13
date last changed
2010-03-08 15:23:13
@misc{1555300,
  abstract     = {Most counterfeit goods are luxury goods bearing a well-known trademark. The counterfeit goods also can be protected by copyright/design protection. WIPO Intellectual Property Handbook: Policy, Law and Use (WIPO 2004, second edition) A counterfeit trademark is defined in Article 51 of the TRIPS as the following: &quot&semicCounterfeit trademark goods shall mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation.'' Trademark is guaranteed by law and international agreements, providing protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment.http://www.wipo.int/about-ip/en/about_trademarks.html#function For the purpose of this study, I will assess the standards concerning availability&semic scope and the use of trademarks are introduced in the TRIPS Agreement (referring to the Paris Convention), which does not deal with the procedural aspects of the registration of trademarks ensured in the Madrid Agreement and Protocol. The international standards of Custom control were established under Section 4 of the enforcement of IP rights: ''Special Requirement Related to Border Measures'' of TRIPS, as one of the most important enforcement provisions for combating counterfeiting. Additionally, on the regional level, Council Regulation No 1383/ 2003 and 1891/2004 lays down the provisions for customs actions to protect and enforce IP rights and the implementing legislation, and to go beyond the minimum standards required in the TRIPS. In Serbia, where customs data on intercepted/seized goods does not exist, one of the most popular and effective tools for stopping infringing goods arriving in the country is through the Customs Authorities. Under the Custom Law of Serbia (Official Gazette No. 73/ 2003, revised No. 61/ 2005, 85/ 2005, 62/ 2006 and 63/ 2006) and Regulations Governing Customs Actions with Respect to the Importation of Goods (Official Gazette No. 127/ 2003, revised No. 25/ 2007), Customs has been given the authority to seize and destroy counterfeit goods in certain circumstances.},
  author       = {Smiljanic, Negosava},
  keyword      = {International Human Rights Law and Intellectual Property Rights},
  language     = {eng},
  note         = {Student Paper},
  title        = {Combating Trademark Counterfeiting with Border Measures- Serbia as a case study},
  year         = {2008},
}