China Customs: a wall to keep counterfeits in?

Autor: Matthew J. Elsmore, Aaron D. Hurvitz
Rok vydání: 2012
Předmět:
Zdroj: Elsmore, M J & Hurvitz, A D 2012, ' China Customs: a wall to keep counterfeits in ? ', Journal of Intellectual Property Law & Practice, vol. 7, no. 8, pp. 604-612 . https://doi.org/10.1093/jiplp/jps085
ISSN: 1747-1540
1747-1532
DOI: 10.1093/jiplp/jps085
Popis: This article describes, analyses and evaluates the role and likely impact of using China trade mark and customs law and procedure in the fight against global trade in counterfeited trade mark goods.A fresh look at the geographical source of the global counterfeit industry is well timed amid legislative and judicial developments in the EU; though China is not legally obligated under public international law to provide for control of potentially illegal exports–like trade mark infringing goods, it does so anyway; China Customs oversee the exports of the country with the largest base of manufacturers of infringing goods in the world.By outlining the pros and cons of what we call a source-strategy and drawing in the experience of IP lawyers working in China, this article which has an audience of European trade mark owners in mind, offers a practical alternative tool for anti-counterfeit efforts, and as a cost-effective way to stem the free and global circulation of counterfeit goods.
Databáze: OpenAIRE