Marius Schneider – författare

Providing a practical analysis of anti-counterfeiting and anti-piracy measures at the borders of the European Union, this book deals with all aspects of border measures under Regulation (EC) 1383/2003. It includes a thorough description of the implementation of the regime and also looks at areas of national law, giving a coherent and comprehensive overview of the application of the border measures regime within the European Union.Fully updated in the second edition to include the two more recent Member States of Bulgaria and Romania, the work provides important guidance for intellectual property rights-holders on the practical application of border measures in these two Member States. Coverage of the legislation and guidance is also updated to include commentary on Commission Regulation 1172/2007, which created a new application for action form for the applications based on a "Community right", as well as the DG TAXUD manual for filing applications for action under Regulation 1381/2003. Updates to case law include important recent decisions in relation to goods in transit, sanctions against traffickers when a case has been settled under the simplified procedure, Community applications for action, and the ECJ''s Advocate-General''s opinion on the use of information provided to an intellectual property rights-holder during a border seizure of goods.This second edition also considers the UK HMRC''s fundamental changes to its detention and seizure procedures in respect of goods infringing trade mark and copyright. New material includes a new stakeholder mapping section explaining the respective roles of the many international organisations that are active in the enforcement of intellectual property rights such as WIPO, WCO, WHO, OLAF, EUROPOL, and INTERPOL as well as a new chapter on organized crime in light of its increasing occurrence within counterfeiting networks.

Providing a practical analysis of anti-counterfeiting and anti-piracy measures at the borders of the European Union, this book deals with all aspects of border measures under Regulation (EC) 1383/2003. It includes a thorough description of the implementation of the regime and also looks at areas of national law, giving a coherent and comprehensive overview of the application of the border measures regime within the European Union.Fully updated in the second edition to include the two more recent Member States of Bulgaria and Romania, the work provides important guidance for intellectual property rights-holders on the practical application of border measures in these two Member States. Coverage of the legislation and guidance is also updated to include commentary on Commission Regulation 1172/2007, which created a new application for action form for the applications based on a "Community right", as well as the DG TAXUD manual for filing applications for action under Regulation 1381/2003. Updates to case law include important recent decisions in relation to goods in transit, sanctions against traffickers when a case has been settled under the simplified procedure, Community applications for action, and the ECJ''s Advocate-General''s opinion on the use of information provided to an intellectual property rights-holder during a border seizure of goods.This second edition also considers the UK HMRC''s fundamental changes to its detention and seizure procedures in respect of goods infringing trade mark and copyright. New material includes a new stakeholder mapping section explaining the respective roles of the many international organisations that are active in the enforcement of intellectual property rights such as WIPO, WCO, WHO, OLAF, EUROPOL, and INTERPOL as well as a new chapter on organized crime in light of its increasing occurrence within counterfeiting networks.

Africa is rising: with double-digit growth figures in many countries, its growing middle and upper class, the continent represents an untapped, dynamic, fast-moving and competitive market that businesses can scarcely ignore. Intellectual property right owners are increasingly paying attention to this new African dynamic and have started to invest into African markets. Unfortunately, so have counterfeiters. Taking action against counterfeit and pirated products in Africa is a challenge against which right holders and their representatives often feel overwhelmed. Filling a gap in the market, this is the only book providing a detailed overview of the law and practice in relation to intellectual property rights enforcement in all 54 African countries and through the two main regional intellectual property organisations, the OAPI and the ARIPO. For the first time, a comprehensive manual on the conditions and procedures under which the civil and criminal courts, the police and customs take action with regard to counterfeit and pirated goods is available. Arranged in a systematic manner, the reader will find for every jurisdiction information on the factual background, the organisation of the courts, the legal context, the judicial, civil and criminal enforcement of patents, trade marks and copyrights as well as information on the scope, requirements and practical application about customs recordals. Counterfeiting and piracy constitutes a dire problem in Africa but as the book will show, solutions, often unknown and unexplored, do exist. With this publication, the authors aim at demystifying intellectual property rights enforcement in Africa by providing valuable information to right holders, judges, lawyers and law enforcement officials.

Africa is rising: with double-digit growth figures in many countries, its growing middle and upper class, the continent represents an untapped, dynamic, fast-moving and competitive market that businesses can scarcely ignore. Intellectual property right owners are increasingly paying attention to this new African dynamic and have started to invest into African markets. Unfortunately, so have counterfeiters. Taking action against counterfeit and pirated products in Africa is a challenge against which right holders and their representatives often feel overwhelmed. Filling a gap in the market, this is the only book providing a detailed overview of the law and practice in relation to intellectual property rights enforcement in all 54 African countries and through the two main regional intellectual property organisations, the OAPI and the ARIPO. For the first time, a comprehensive manual on the conditions and procedures under which the civil and criminal courts, the police and customs take action with regard to counterfeit and pirated goods is available. Arranged in a systematic manner, the reader will find for every jurisdiction information on the factual background, the organisation of the courts, the legal context, the judicial, civil and criminal enforcement of patents, trade marks and copyrights as well as information on the scope, requirements and practical application about customs recordals. Counterfeiting and piracy constitutes a dire problem in Africa but as the book will show, solutions, often unknown and unexplored, do exist. With this publication, the authors aim at demystifying intellectual property rights enforcement in Africa by providing valuable information to right holders, judges, lawyers and law enforcement officials.

Home to emerging economies, a growing middle class, and the world''s youngest population, Africa presents exciting opportunities for high-value products, including products bearing a geographical indication (GI). A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. From a niche topic of interest to a billion-dollar industry, GIs now command centre stage in the field of intellectual property (IP). This is no doubt due to the myriad of benefits associated with GIs, from price premiums to the development of rural areas; the revitalization of agricultural communities; and the expansion of tourism. It is hardly surprising that many stakeholders in the GI value chain, both from within and outside the continent, show a keen interest in protecting and enforcing GIs. In Africa, producer associations, governments, regulatory authorities, and the judiciary are however limited by the lack of clear information on how best to protect and enforce GIs. This book responds to the need for comprehensive information and practical advice on GIs in Africa. The first part of the book explores the economic and social opportunities offered by GIs, the legal framework within which African states operate at the international and continental level, and the mechanisms available to protect GIs. The authors adopt an Africa-centric approach, using real-life African examples. They propose a balanced discussion around GIs, remaining mindful of African interests and commitments. The second part of the book provides a detailed overview of the laws and regulations regarding GIs in the two main regional IP organizations in Africa--the African Intellectual Property Organization (Organisation Africaine de la Propriété Intellectuelle, ''OAPI'') and the African Regional Intellectual Property Organization (ARIPO)--as well as in eleven African states: Algeria, Angola, Botswana, the Democratic Republic of Congo, Egypt, Ethiopia, Kenya, Mauritius, Morocco, Nigeria, and South Africa. The structure adopted by the authors allows readers to look up the factual background of the relevant jurisdiction, its legal framework, the applicable registration procedures, and enforcement mechanisms. The book guides experienced readers and newcomers through the topic of GIs in Africa.

Home to emerging economies, a growing middle class, and the world''s youngest population, Africa presents exciting opportunities for high-value products, including products bearing a geographical indication (GI). A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. From a niche topic of interest to a billion-dollar industry, GIs now command centre stage in the field of intellectual property (IP). This is no doubt due to the myriad of benefits associated with GIs, from price premiums to the development of rural areas; the revitalization of agricultural communities; and the expansion of tourism. It is hardly surprising that many stakeholders in the GI value chain, both from within and outside the continent, show a keen interest in protecting and enforcing GIs. In Africa, producer associations, governments, regulatory authorities, and the judiciary are however limited by the lack of clear information on how best to protect and enforce GIs. This book responds to the need for comprehensive information and practical advice on GIs in Africa. The first part of the book explores the economic and social opportunities offered by GIs, the legal framework within which African states operate at the international and continental level, and the mechanisms available to protect GIs. The authors adopt an Africa-centric approach, using real-life African examples. They propose a balanced discussion around GIs, remaining mindful of African interests and commitments. The second part of the book provides a detailed overview of the laws and regulations regarding GIs in the two main regional IP organizations in Africa--the African Intellectual Property Organization (Organisation Africaine de la Propriété Intellectuelle, ''OAPI'') and the African Regional Intellectual Property Organization (ARIPO)--as well as in eleven African states: Algeria, Angola, Botswana, the Democratic Republic of Congo, Egypt, Ethiopia, Kenya, Mauritius, Morocco, Nigeria, and South Africa. The structure adopted by the authors allows readers to look up the factual background of the relevant jurisdiction, its legal framework, the applicable registration procedures, and enforcement mechanisms. The book guides experienced readers and newcomers through the topic of GIs in Africa.

Home to emerging economies, a growing middle class, and the world's youngest population, Africa presents exciting opportunities for high-value products, including products bearing a geographical indication (GI). A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that origin.From a niche topic of interest to a billion-dollar industry, GIs now command centre stage in the field of intellectual property (IP). This is no doubt due to the myriad of benefits associated with GIs, from price premiums to the development of rural areas; the revitalization of agricultural communities; and the expansion of tourism. It is hardly surprising that many stakeholders in the GI value chain, both from within and outside the continent, show a keen interest in protecting and enforcing GIs. In Africa, producer associations, governments, regulatory authorities, and the judiciary are however limited by the lack of clear information on how best to protect and enforce GIs. This book responds to the need for comprehensive information and practical advice on GIs in Africa. The first part of the book explores the economic and social opportunities offered by GIs, the legal framework within which African states operate at the international and continental level, and the mechanisms available to protect GIs. The authors adopt an Africa-centric approach, using real-life African examples. They propose a balanced discussion around GIs, remaining mindful of African interests and commitments. The second part of the book provides a detailed overview of the laws and regulations regarding GIs in the two main regional IP organizations in Africa--the African Intellectual Property Organization (Organisation Africaine de la Propriété Intellectuelle, 'OAPI') and the African Regional Intellectual Property Organization (ARIPO)--as well as in eleven African states: Algeria, Angola, Botswana, the Democratic Republic of Congo, Egypt, Ethiopia, Kenya, Mauritius, Morocco, Nigeria, and South Africa.The structure adopted by the authors allows readers to look up the factual background of the relevant jurisdiction, its legal framework, the applicable registration procedures, and enforcement mechanisms. The book guides experienced readers and newcomers through the topic of GIs in Africa.

Africa is rising: with double-digit growth figures in many countries, its growing middle and upper class, the continent represents an untapped, dynamic, fast-moving and competitive market that businesses can scarcely ignore. Intellectual property right owners are increasingly paying attention to this new African dynamic and have started to invest into African markets. Unfortunately, so have counterfeiters. Taking action against counterfeit and pirated products in Africa is a challenge against which right holders and their representatives often feel overwhelmed. Filling a gap in the market, this is the only book providing a detailed overview of the law and practice in relation to intellectual property rights enforcement in all 54 African countries and through the two main regional intellectual property organisations, the OAPI and the ARIPO. For the first time, a comprehensive manual on the conditions and procedures under which the civil and criminal courts, the police and customs take action with regard to counterfeit and pirated goods is available. Arranged in a systematic manner, the reader will find for every jurisdiction information on the factual background, the organisation of the courts, the legal context, the judicial, civil and criminal enforcement of patents, trade marks and copyrights as well as information on the scope, requirements and practical application about customs recordals. Counterfeiting and piracy constitutes a dire problem in Africa but as the book will show, solutions, often unknown and unexplored, do exist. With this publication, the authors aim at demystifying intellectual property rights enforcement in Africa by providing valuable information to right holders, judges, lawyers and law enforcement officials.