Book Review: Enforcement of Intellectual Property Rights

• Author: André Heitz
• Position: WIPO Coordination Office, Brussels

The book is timely as global levels of counterfeiting and piracy remain high. At stake are not only intellectual property rights, but public health, public order and consumer safety. Customs authorities - once primarily in charge of controlling the circulation of goods and the payment of tariffs - are now at the forefront in the fight against cross-border trade in counterfeit and pirated goods. In order to operate effectively, they need to be backed by strong legislation on border measures and on the follow-up to such measures.

In the EU, the regulatory framework for the enforcement of border measures is contained in the European Community (EC) Regulation 1383/2003, (Customs Actions Against Goods Suspected of Infringing Intellectual Property Rights), and the provisions for its implementation in EC Regulation 1891/2004. Their practical application, however, depends upon the national rules and procedures of the Member States. Other rules and procedures under national laws include the Intellectual Property Code or the Customs Code. In this respect, Messrs. Vrins’ and Schneider’s book is a valuable compendium, which covers the implementation of the EU regime, plus relevant areas of national law, to provide an overview of how the current regime of border measures is applied within the EU.

The book starts with an analysis of the counterfeiting and piracy phenomenon in the EU by Professor Michael Blakeney of Queen Mary, University of London. This is followed by an analysis of the international legal framework - Bern and Paris Conventions, the TRIPS Agreement and WIPO Model Provision - for border measures by Professor Daniel J. Gervais, Vice-Dean of...