| | Quizes | | Apparel Trademark Counterfeiting: China and Indonesia Enforcement Guide This Enforcement Guide examines the apparel counterfeit problem in China and Indonesia in the context of these regions' laws, enforcement culture and case law. It suggests mechanisms by which trademark owners may better manage their brandnames. | | Border Enforcement in Transit Countries This IP enforcement case study and training guide will take a look at various issues relating to border enforcement of IP rights in transit countries and real world examples of the application of laws, policies and regulations, concerning common problems in implementing laws and regulations for border enforcement. Moreover, this training gguide consists of thought-provoking fact patterns and scenarios, designed to illustrate issues that rights holders and governments face in seeking to enforce IP rights. The aim of these exercises is to encourage interaction, debate and to highlight some areas of uncertainty. The questions embedded in the report do not have specific answers although the brief quiz here does provide answers. | | Counterfeit Goods in the Russian Federation The Russian Federation is demonstrating that intellectual property is taken very seriously. By enacting new IP legislation and signing the US-Russia bilateral market access agreement, IP protection and enforcement is clearly on the domestic agenda. Russian officers are making increased raids on factories suspected of producing pirated optical discs, Internet sites selling pirated digital content are being shut down, and Russia appears to be committing more resources toward battling counterfeiters and pirates. Nevertheless changes still need to occur before IP enforcement will cardinally change for the better. However we are sure that the system will dramatically improve and Russia will build the system of protection of intellectual property which will be consistent with international obligations. This system will be capable of protecting the health of Russian citizens; the interests of Russian industry and foreign rights holders; and will open for Russian businesses wider access to foreign markets greatly increasing the Russian Federation’s foreign trade capacity. | | Counterfeit Pharmaceuticals: Investigation and Prosecution The manufacture and distribution of counterfeit pharmaceutical products represents not only one of the most prominent examples of the infringement of intellectual property rights, but also one of the most serious and pervasive threats to public health and safety. The problem of counterfeit pharmaceuticals affects not only so-called developed countries, but, in ever increasing and challenging ways, affects developing countries often more extensively, where institutions of regulation and enforcement are less consistent, undergoing rapid change, or hampered by a lack of access to technology or international expertise. Over the last fifteen years or so, increased attention has been directed at the spread of the trade in counterfeit drugs, particularly in countries where the manufacture, trade, and supply chains are less regulated and poorly enforced. | | Criminal Law, IP and Public Health The global community has demonstrated its appreciation and commitment to combating counterfeit goods by numerous forums, initiatives and resources organized to find solutions. Among the solutions can be found legislative approaches and, in particular, the use of criminal law as a deterrent to counterfeiting. This study describes the use of substantive criminal intellectual property law, its definition in TRIPS, and what is permissible as additional substantive law. Specifically, it addresses how to tailor criminal IP law in cases where the counterfeit good poses a threat or actually causes harm to human health and safety, and it considers this aspect of counterfeiting for any and all goods that could harm humans rather than limiting the approach to drugs and medical products. Action steps and legislative guidance for legislators are provided, allowing readers to refer to this study during national implementation efforts, such as in legislative or inter-ministerial working groups in the process of considering national trade and health matters, the category in which such counterfeit goods fall. A self test and answers are included to further expand comprehension of the limitations and possibilities of criminal law as one solution in combating counterfeit goods that cause human harm. | | Demand-Side Approaches to IP Enforcement in China Given the lost tax revenues in China that flow from the purchase of pirated goods rather than legitimate goods, the development of domestic businesses in China that rely upon IP protection, and the involvement of organized crime in Chinese IP piracy, it is increasingly in the interest of the Chinese government to enhance its IP enforcement. Insightful and promising demand-side policies have already been adopted in China. In addition to those discussed above, China recently agreed to require operating system software to come pre-installed on computers, and for all government purchases of computers to comply with the requirement. Policies such as this aim to shrink the demand for IP infringing products and thereby reduce overall piracy levels. The connection between IP piracy and various other nefarious activities, such as human trafficking and terrorism, adds urgency to the quest for an effective counteroffensive. With innovative policies oriented toward consumer demand, piracy may be effectively countered. China is in a great position to take to the offensive, and by cutting the demand for pirated goods, China can play the game of the pirates – and win. This case study takes a new approach to combating piracy and counterfeiting, suggesting that consumers should take some of the responsibility for the problem. | | Geographic Indicators and Developing Countries This paper argues that foreign producers of GI goods from developing countries should avail themselves of the protections offered by the intellectual property regime, so that they may facilitate the production, protection, and dissemination of their goods in foreign markets and to empower those producers to take advantage of the earnings possible from entering their goods into the stream of commerce. By actively engaging in the intellectual property regime, foreign producers of goods with GIs can take advantage of the global market while simultaneously preserving the integrity of their goods, and that of the good’s source of origin, from the deleterious effects of consumer confusion that are concomitant with the parasitic effects of low-quality, free-riding goods. | | IP Enforcement in Argentina and Brazil post-TRIPS Because of the obligations undertaken by WTO (World Trade Organization) Members in the TRIPs Agreement (Trade Related Aspects of Intellectual Property Rights) of 1995, Argentina and Brazil initiated a long and complex process to comply with the minimum standards set by this Treaty. Such a process required new national legislation and the pertinent implementing regulations, administrative reorganization of IP Agencies, and the crucial judicial decisions interpreting and enforcing the new minimum IP standards. In spite that more than 10 years have elapsed since the Agreement was ratified, the modernization process is not completed, due to a variety of reasons including among them ideological biases against the role that IP plays in development. Although progress has been made, IP holders face many uncertainties as to whether TRIPs minimum standards will be enforced. Discussion questions are posed throughout the report; a self-quiz based on a scenario is available as well. | | Prosecuting IP Cases in Andean Countries This enforcement case study will discuss the Andean common copyright regime and focus on Colombia, Ecuador and Peru procedures and mechanisms to enforce this common regime and stop copyright infringement. By highlighting challenges, strengthens and weakness the objective is to identify areas where additional technical support should be provide to these governments in order to enhance enforcement capacity. | | Trade Secrets and IP Alternatives Trade secrets are often treated as the near-useless related cousins of traditional forms of intellectual property protection, such as copyrights, patents, and trademarks. This dismissal of trade secret law by many scholars and practitioners is unwarranted, however. Trade secret protection, while new at the international level, has a long and rich legal history which supports the proposition that trade secrets possess some of the strongest exclusive rights of all forms of intellectual property. But rights are nothing without a purpose. This article aims to provide a background to international intellectual property issues, trade secrets, and potential solutions to the problems of protecting cultural and Indigenous materials. | | Training the Judiciary in Criminal IP Cases Intellectual property protection is not only important to the protection and preservation of artistic expression, but is also a critical component of any national health care system to become capable of developing new and innovative lifesaving medicines. Intellectual property rights encourage rapid innovation, development, and commercialization of effective and safe drug therapies, which require financial incentives in order to foster development. An absence of protection, either for developers or for previously developed products, poses a significant and serious threat to human safety and health. Simply imagine a heart patient undergoing emergency surgery at a hospital that unknowingly purchased substandard counterfeit surgical equipment or medication, and the danger becomes immediately clear. With the World Health Organization’s estimate that 6% of pharmaceutical products sold worldwide are counterfeit, and that up to 70% of medicine sold in some African countries is counterfeit, the risk to public health and safety of a weak intellectual property legal system is palpable. | | TRIPS Article 61 Criminal Procedures This case study examines TRIPS Article 61 and asks whether it is sufficient or, instead, needs to be expanded in the framework of TRIPS Plus. For example, an across-the-board criminalization of commercial scale IP infringements or a broader definition of what constitutes "commercial scale." The study will attempt to see whether the status quo is protecting IP and what some countries have done in their fight against illicit behavior. | | Using Arbitration and Mediation to Enforce IP Rights Dispute settlement procedures other than litigation and trial have become an increasingly attractive method for resolving international commercial disputes. Alternative Dispute Resolution (ADR) refers to any means of settling disputes outside of the courtroom and can offer many advantages over traditional trials. Not all disputes are suited for ADR; however, when certain conditions exist ADR can be an agreeable alternative to full-blown adversarial litigation. | | | |