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Intellectual Property Enforcement: A Commentary on the Anti-Counterfeiting Trade Agreement


ISBN13: 9781849800037
Published: July 2012
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £162.00



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This important book is the first detailed analytical treatment of the Anti-counterfeiting Trade Agreement (ACTA) and its impact on intellectual property enforcement. The ACTA had been formulated to deal with the burgeoning growth in the trade in counterfeit and pirate products which was estimated to have increased ten-fold since the promulgation of the TRIPS Agreement in 1994.

The book clarifies how the ACTA supplements the enforcement provisions of the TRIPS Agreement, namely by; expanding the reach of border protection to infringing goods in transit; providing greater detail of the implementation of civil enforcement; and providing for the confiscation of the proceeds of IP crimes. As the book illustrates, a significant additional innovation is the introduction of provisions dealing with enforcement of IPRs in the digital environment.

Subjects:
Intellectual Property Law
Contents:
1. Impacts of Counterfeiting and Piracy
2. Negotiating History of Anti-Counterfeiting Trade Agreement (ACTA)
3. Preamble
4.
Chapter 1 Initial Provisions and Definitions
5.
Chapter 2 Legal Framework for Enforcement of Intellectual Property Rights
6. Article 2.1 Civil Enforcement
7. Border Measures
8. Criminal Enforcement
9. Confiscation of Proceeds of Crime
10. Enforcement in the Digital Environment
11. Enforcement Practices
12. International Co-operation
13. Institutional Arrangements
14. Final Provisions Annex: Anti-Counterfeiting Trade Agreement
Index