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Counterfeiting and piracy from a rightholders perspective

Almborg, Jeanette (2008)
Department of Law
Abstract
This essay focuses on the increasing problems for companies and right-holders with counterfeited and pirated goods in the European Union and the problems for right holders to enforce their IPR rights. Will IPRED1 make a difference and is there really a need for the new Directive of Enforcement 2004/48/EG, or do the sanctions according to the TRIPS Agreement suffice. Further, IPRED2 is a follow up of IPRED1, with criminal sanctions to be implemented. Also the Council regulation (EC) No 1383/2004 concerning customs actions against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods to have infringed such rights will be discussed. The second question to ask is&semic are IPRED1 and The... (More)
This essay focuses on the increasing problems for companies and right-holders with counterfeited and pirated goods in the European Union and the problems for right holders to enforce their IPR rights. Will IPRED1 make a difference and is there really a need for the new Directive of Enforcement 2004/48/EG, or do the sanctions according to the TRIPS Agreement suffice. Further, IPRED2 is a follow up of IPRED1, with criminal sanctions to be implemented. Also the Council regulation (EC) No 1383/2004 concerning customs actions against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods to have infringed such rights will be discussed. The second question to ask is&semic are IPRED1 and The Council regulation effective enough to protect IP rights. Will the intention of harmonizing criminal measures be what is necessary to improve enforcement of intellectual property rights in the Member States. Problems can arise when it comes to parallel import of goods, since there are no international directives for the customs to use against this kind of trade over the borderlines. The thesis will focus on infringement of intellectual property rights, mainly trademarks and design rights from a right-holders perspective and not the problems related to parallel import. The European Union has seen a 900% increase in the amount of different counterfeit products coming into the European Union in the last five years Statistics taken from EU institutions press release''Customs Counterfeiting and piracy in 2001'', issued from Brussels, 26 July 2002..Losses to U.S. business from the counterfeiting of trademarked consumer products is estimated at $200 billion a year according to the Department of Commerce. Often organized crime lies behind the trade of counterfeited goods and piracy. In 1998, the EU commission presented the Green Paper in an attempt to fight piracy and counterfeiting within the common market. This has resulted in a new directive, called IPRED1 in which the protection of intellectual property rights are secured. (Less)
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author
Almborg, Jeanette
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Immaterialrätt
language
English
id
1555580
date added to LUP
2010-03-08 15:55:17
date last changed
2010-03-08 15:55:17
@misc{1555580,
  abstract     = {This essay focuses on the increasing problems for companies and right-holders with counterfeited and pirated goods in the European Union and the problems for right holders to enforce their IPR rights. Will IPRED1 make a difference and is there really a need for the new Directive of Enforcement 2004/48/EG, or do the sanctions according to the TRIPS Agreement suffice. Further, IPRED2 is a follow up of IPRED1, with criminal sanctions to be implemented. Also the Council regulation (EC) No 1383/2004 concerning customs actions against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods to have infringed such rights will be discussed. The second question to ask is&semic are IPRED1 and The Council regulation effective enough to protect IP rights. Will the intention of harmonizing criminal measures be what is necessary to improve enforcement of intellectual property rights in the Member States. Problems can arise when it comes to parallel import of goods, since there are no international directives for the customs to use against this kind of trade over the borderlines. The thesis will focus on infringement of intellectual property rights, mainly trademarks and design rights from a right-holders perspective and not the problems related to parallel import. The European Union has seen a 900% increase in the amount of different counterfeit products coming into the European Union in the last five years Statistics taken from EU institutions press release''Customs Counterfeiting and piracy in 2001'', issued from Brussels, 26 July 2002..Losses to U.S. business from the counterfeiting of trademarked consumer products is estimated at $200 billion a year according to the Department of Commerce. Often organized crime lies behind the trade of counterfeited goods and piracy. In 1998, the EU commission presented the Green Paper in an attempt to fight piracy and counterfeiting within the common market. This has resulted in a new directive, called IPRED1 in which the protection of intellectual property rights are secured.},
  author       = {Almborg, Jeanette},
  keyword      = {Immaterialrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {Counterfeiting and piracy from a rightholders perspective},
  year         = {2008},
}