Border Enforcement of Intellectual Property

Border Enforcement of Intellectual Property PDF

Author: Timothy P. Trainer

Publisher:

Published: 2000

Total Pages: 368

ISBN-13:

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Describes the legislation relating to customs enforcement of cross-border trade in counterfeit and pirated goods. Focuses on the law concerning trademarks, copyright and patent protection. Includes chapters on provisions available for criminal proceedings, multilateral and regional border measures, enforcement of intellectual property rights under the North American Free Trade Agreement and European Union legislation.

Research Handbook on Cross-border Enforcement of Intellectual Property

Research Handbook on Cross-border Enforcement of Intellectual Property PDF

Author: Paul Torremans

Publisher: Edward Elgar Publishing

Published: 2014-12-31

Total Pages: 901

ISBN-13: 1781955808

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The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf

Intellectual Property

Intellectual Property PDF

Author: United States Government Accountability Office

Publisher: Createspace Independent Publishing Platform

Published: 2017-09-15

Total Pages: 70

ISBN-13: 9781976386503

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U.S. government efforts to protect and enforce intellectual property rights are crucial to preventing billions of dollars in economic losses and for mitigating health and safety risks from trade in counterfeit and pirated goods. The Department of Homeland Security's Customs and Border Protection (CBP) leads intellectual property (IP) enforcement activity at the U.S. border. GAO was asked to (1) examine key aspects of CBP's process to carry out border enforcement, (2) analyze CBP's border enforcement outcomes during fiscal years 2001 to 2006, and (3) evaluate CBP's approach for improving border enforcement. GAO examined relevant documents, interviewed agency officials in Washington, D.C. and seven port locations, and analyzed CBP data on trade and IP seizure and penalty activity. This is the public version of a law enforcement sensitive report by the same title (GAO-07-350SU).

Enforcement of Intellectual Property Rights through Border Measures

Enforcement of Intellectual Property Rights through Border Measures PDF

Author: Olivier Vrins

Publisher: OUP Oxford

Published: 2012-07-05

Total Pages: 0

ISBN-13: 9780199692934

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Fully updated to take account of recent legislation and guidance, this practical analysis of anti-counterfeiting and anti-piracy measures at EU borders provides a root and branch examination of the legislation and procedure in the jurisdictions of all Member States of the EU, offering a critical discussion of the latest practices.

The Global Regime for the Enforcement of Intellectual Property Rights

The Global Regime for the Enforcement of Intellectual Property Rights PDF

Author: Xavier Seuba

Publisher: Cambridge University Press

Published: 2017-10-26

Total Pages: 497

ISBN-13: 1108247954

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In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.

The Global Regime for the Enforcement of Intellectual Property Rights

The Global Regime for the Enforcement of Intellectual Property Rights PDF

Author: Xavier Seuba

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9781108256537

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"The Global Regime on Border Measures", deals with the international regulation of border controls of goods protected by intellectual property rights. Since the TRIPS Agreement introduced the first comprehensive multilateral regulation on border measures relating goods protected by intellectual property rights, numerous plurilateral and bilateral treaties have expanded border measures. Chapter 10 underlines that border measures are the enforcement-related remedy most frequently regulated in post-TRIPS treaties. Originally focused on the control on importation of counterfeit and pirated goods, international obligations related to border controls have expanded to cover all customs situations and intellectual property categories. New regulations have expanded right holders' rights in the context of border enforcement, while paying little attention to the rights of other concerned parties"--

Intellectual Property, U.s. Customs and Border Protection Could Better Manage Its Process to Enforce Exclusion Orders

Intellectual Property, U.s. Customs and Border Protection Could Better Manage Its Process to Enforce Exclusion Orders PDF

Author: Government Accountability Office

Publisher: Createspace Independent Publishing Platform

Published: 2017-07-28

Total Pages: 48

ISBN-13: 9781973975403

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" Under Section 337 of the Tariff Act of 1930, ITC investigates allegations of unfair import practices, including unlicensed use of intellectual property rights such as patents, copyrights, and trademarks. If ITC finds a violation of this law, it generally issues an exclusion order that directs CBP to deny entry of infringing products into U.S. commerce. CBP must determine, without inhibiting legitimate trade, whether products arriving at 328 U.S. ports are covered by exclusion orders. GAO was asked to review CBP's enforcement of exclusion orders. This report (1) describes CBP's processes for enforcing exclusion orders and (2) assesses CBP's management of its enforcement process at ports of entry. GAO analyzed CBP and ITC documents and data from October 2009 through April 2014 and interviewed CBP and ITC officials. "

Cross-border Enforcement of Patent Rights

Cross-border Enforcement of Patent Rights PDF

Author: Marta Pertegás Sender

Publisher: Oxford University Press, USA

Published: 2002

Total Pages: 362

ISBN-13: 9780199249695

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This study analyzes to what extent the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules create an adequate framework for consolidation of cross-border disputes in one single action.

The Border Enforcement of Intellectual Property Rights in Canada and the Obligation of "effectiveness" Under Article 41(1) of the TRIPs Agreement [microform]

The Border Enforcement of Intellectual Property Rights in Canada and the Obligation of

Author: Cauchy Richard

Publisher: Library and Archives Canada = Bibliothèque et Archives Canada

Published: 2005

Total Pages: 50

ISBN-13: 9780494073551

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Counterfeiting and piracy are present in every sector of activities; hurting legitimate businesses and the economy, impairing international trade, causing serious threats to public safety and attracting organized criminal organizations. Customs authorities can play a key role against the importation of infringing goods by apprehending these goods at the borders before they enter circulation. The present thesis advocates a new and improved Canadian scheme of border enforcement of IP rights with respect to infringing imports of trademark and copyright protected materials. It argues that the Canadian scheme is not consistent with Article 41(1) of the TRIPs Agreement for it is not "effective". It proposes legislative changes to the Canadian Copyright and Trademark Acts to remove the requirement of a court order before customs' action and to allow customs to act ex officio.