Legal Updates

Intellectual Property Law – TRIPS – Enforcement Tool – Counterfeiting – Piracy

The European Intellectual Property Review has released information relating to counterfeiting and piracy and suggests the removal of incentives for such activities by implementing a program of confiscation.

Over the last few years the illegal trade in piracy and counterfeit goods has increased at a rapid rate. It has now been suggested that the application of legislation relating to the proceeds of crime could amount to a useful tool allowing for the enforcement of intellectual property (IP) rights.

It is intended that it could result in a removal of the incentives for illegal counterfeiting and piracy. It is possible that the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) could potentially be used as an enforcement tool. However, commentators have stated that TRIPS is unlikely to be used to any substantial success in combating illegal counterfeiting and piracy.

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© RT COOPERS, 2008. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.