This article addresses the EU legislation on customs action against goods suspected of infringing intellectual property rights (IPR) and in particular Council regulation No 1383/2003 of 22 July 2003. Preliminarily, it deals with the impact of counterfeiting activity and the ways counterfeit and pirated goods are usually marketed. Reference is made to the relevant regulations … Continue reading
Parallel Imports in a Global Market: Should a Generalised International Exhaustion be the Next Step?
“Exhaustion of intellectual property rights” means that right holders lose the right to control the resale of the protected goods. Without an exhaustion doctrine IPR holders would perpetually exercise control over the sale, transfer or use of the relevant goods, and would have a grip on commercial relations. Article 6 TRIPs leaves WTO member countries … Continue reading