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Protection of Intellectual Property through border measures in the European Union

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Otero García-Castrillón, Carmen (2012) Protection of Intellectual Property through border measures in the European Union. Annali italiani del diritto d'autore della cultura e dello spettacolo, XXI . pp. 220-267. ISSN 1720-4259

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Abstract

Customs are in a privileged position to contribute to the prevention and prosecution of IPR infringements, be it under the order of a judicial authority (criminal or civil - preventive or final decision) or on its own motion, particularly counterfeiting and piracy since these IPR violations are more easily identifiable for customs officials. This fact was soon recognised internationally, though it was not until the adoption of the World Trade Organization (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) that specific international obligations were assumed by States as to the intervention of national customs authorities in this field. The EU gives –as has always done- extraordinary importance to IPR and their protection from infringements in the internal market as well as in international commercial relations. This work analyses the WTO and EU border measures on IP as well as the ATCA proposed rules in the field.


Item Type:Article
Uncontrolled Keywords:Intellectual property rights, border measures, customs, applicable law, trips, acta, regulation 1383/2003
Subjects:Social sciences > Law > Private international law
Social sciences > Law > Community law
Social sciences > Law > European Union international treaties
ID Code:19938
Deposited On:13 Feb 2013 12:30
Last Modified:07 Feb 2014 10:04

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