A Global Fight Against Counterfeit : Infringement Caused by Goods in Transit Under the New European Trademark Law Regulation No. (EU) 2015/2424 and Directive (EU) 2015/2436
The impact of fake products does not only affect holders of Intellectual Property rights. It also has a negative effect on economy and mainly affects consumers' welfare. Product falsification and replication of copyright protected materials are considered serious offences in many jurisdictions around the world. Nevertheless, there is no such thing as an international harmonized practice regarding the control over counterfeit products. With the modernization of commercialization channels (internet, digital buying, offshore companies, etc.) this situation is reaching unprecedented limits, and criminal organizations are now considered as having a significant market control in global trade. In addition, the situation is aggravated by a combination of illicit activities related to this offense such as drug trafficking, tax evasion, money laundry and child labor exploitation in emerging economies. Different global players, such as international firms and Member States of various international treaties are cooperating to combat this crime. Nevertheless, the efforts sometimes get affected by judicial interpretations on how to enforce the law or by non-strict policies from the producing countries. But, where do we strike the balance between chasing infringers and allowing free markets and freedom of transit in accordance to international obligations imposed by the World Trade Organization? This paper will focus on explaining how did the European Court of Justice dealt with this question under the Nokia/Philips case regarding the possible infringement of IP rights by goods in transit within the European Union. In addition, it will expose the current situation under the amendments introduced by the new Trademark Regulation No. (EU) 2015/2424 and Directive (EU) 2015/2436
Year of publication: |
2016
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Authors: | Tamayo, Lucia |
Publisher: |
[2016]: [S.l.] : SSRN |
Subject: | EU-Staaten | EU countries | Markenrecht | Trademark law | Produktpiraterie | Product counterfeiting | Welt | World | Globalisierung | Globalization |
Saved in:
freely available
Extent: | 1 Online-Ressource (23 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments May 23, 2016 erstellt |
Other identifiers: | 10.2139/ssrn.2783368 [DOI] |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10012991635
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