Presented at: the Hong Kong Baptist University (18 October 2013) and Chinese University of Hong Kong (1st November 2013) — Conferences jointly organized by the European Union Academic Programme (EUAP) and respective University.
Abstract: Counterfeiting is a global phenomenon. It would be mistaken to believe that comparative studies related to counterfeiting could ignore Chinese law, China being the main source of counterfeit goods, as well as Hong Kong law (a large part of counterfeit goods transit through Hong Kong), and EU law (final destination of the goods).
License CC BY-NC-ND 4.0 | 2013
Marina Schneider - Best practices on legal protection of cultural heritageUNESCO Venice Office
Fight against illicit traffic of cultural property in South-East Europe.
Gaziantep, Turkey, 19-21 November 2012
Link: http://www.unesco.org/new/en/venice/about-this-office/single-view/news/building_capacities_for_the_fight_against_the_illicit_trafficking_of_cultural_property_
in_south_east_europe/
Marina Schneider - Best practices on legal protection of cultural heritageUNESCO Venice Office
Fight against illicit traffic of cultural property in South-East Europe.
Gaziantep, Turkey, 19-21 November 2012
Link: http://www.unesco.org/new/en/venice/about-this-office/single-view/news/building_capacities_for_the_fight_against_the_illicit_trafficking_of_cultural_property_
in_south_east_europe/
2014 01 18 Rethinking the Domain Name Dispute Resolution in the Era of New gTLDsEmmanuelGillet
Presented at: Rethinking Domain Name Dispute Resolution in the Era of New gTLDs, ADNDRC conference, Kuala Lumpur Regional Center for Arbitration (KLRCA) — Kuala Lumpur, 18 January 2014.
Abstract: Fifteen years after the UDRP was adopted, there has been an unprecedented increase of domain names resources. ICANN is in the process of liberalizing the creation of new top level domains. Furthermore, new technologies now allow the registration of internationalized domain names (IDNs). Resources will soon be almost endless and extremely varied (new TLDs + IDNs + IPV6). At the same time, one can question the effectiveness of the UDRP in achieving its goal: fighting cybersquatting. Indeed, in 70% of WIPO cases, disputed domain names are transferred to the claimant. An analysis of the UDRP case law and similar rules shows that the whole system has already evolved, thanks to the UDRP panelists (consolidation, re-filing, etc.) and the ccTLDs registries (mediation, appeal, reimbursement of legal fees, arbitration, etc.). However, good ideas are scattered like pieces of a puzzle. The whole system could be improved by i) giving Lady Justice the sword she is missing in domain names dispute resolution proceedings and ii) gathering all the good ideas together.
License CC BY-NC-ND 4.0 | 2014
Free Speech (Lecture at the Hong Kong Polytechnic University, 2014)EmmanuelGillet
Free Speech in a Comparative Perspective. — Related course: Legal Aspects of E-Commerce (in a comparative perspective: Hong Kong and major markets: U.S.A, E.U. and P.R.C), as a lecturer, The Hong Kong Polytechnic University — 2013-2014 Academic year — 50 students
License CC BY-NC-ND 4.0
Presented at: Domain Names and DNS: Comparative Studies, Institutional Perspectives, Recent Developments in the DNS Governance, CUHK/CFRED Conference — Hong Kong, 14 May 2014.
Abstract: Since the inception of the Internet Corporation for Assigned Names and Numbers in 1998, the landscape and the law of the domain name system (DNS) is constantly changing. The issue of public order is playing an increasing role. This presentation focuses especially on the various dispute resolution mechanisms provided to address public order issues due to the liberalization of the top level domains. This presentation focus more particularly on the new gTLDs related to the health sector, such as .doctor, .health, .hospital, .med, .pharmacy.
License CC BY-NC-ND 4.0 | 2014
Trademark Law and Cyberspace #2: Domain Name System (Lecture at the Hong Kong...EmmanuelGillet
Trademarks Law and Cyberspace #2: Domain Name System. — Related course: Legal Aspects of E-Commerce (in a comparative perspective: Hong Kong and major markets: U.S.A, E.U. and P.R.C), as a lecturer, The Hong Kong Polytechnic University — 2013-2014 Academic year — 50 students.
License CC BY-NC-ND 4.0 |
2015 08 19 Using Online Educational Technologies in Legal Studies: the Comb...EmmanuelGillet
Presented at: Blended Learning Symposium: Teaching Beyond the Classroom — The Hong Kong Polytechnic University, Hong Kong, 19 August 2015.
Abstract: This presentation is based on a case study conducted for the purpose of obtaining the Certificate in Becoming an Online Teacher (Educational Development Center, The Hong Kong Polytechnic University). It aims to show how the legal methodology called “IRAC’ fits in the Bloom’s taxonomy, and to demonstrate the efficiency of online educational technologies (quizzes and wikis) in a blended learning environment designed for legal studies.
License CC BY-NC-ND 4.0 | 2015
2013 09 18 - Fighting Counterfeiting, A Compilation of Anti-Counterfeiting Aw...EmmanuelGillet
Presented at: the Hong Kong Baptist University — Warm-up Seminar "Protecting Creativity & Innovation: IPR for Products, Brands & Services", jointly organized by the European Union Academic Programme (EUAP) and the Hong Kong Baptist University — Hong Kong, 18 September 2013.
Abstract: This presentation was first played on the 18th September 2013 at the seminar “Protecting Creativity & Innovation: IPR for Products, Brands & Services”. This seminar took place at Baptist University of Hong Kong and was the launching event of the Creativity Students Competition 2013, organized and supported jointly by the European Union Academic Programme Hong Kong (EUAP) and the European Chamber of Commerce in Hong Kong. Entrants were invited to create a mascot, a poster, and/or a short film and were urged to be as creative as they can with the theme of intellectual property, protection for creativity and innovation. This presentation is a compilation of previous anti-counterfeiting campaigns and serve as an example for an educational purpose.
• Webpage of the event: http://goo.gl/Up6M2S
Feel free to download from my blog and play it just like a movie:
https://emmanuelgillet.wordpress.com/conferences-seminars/
Emmanuel GILLET - License CC BY-NC-ND 2013
Trademark law and cyberspace #1 (Lecture at the Hong Kong Polytechnic Univers...EmmanuelGillet
Trademarks Law and Cyberspace #1. — Related course: Legal Aspects of E-Commerce (in a comparative perspective: Hong Kong and major markets: U.S.A, E.U. and P.R.C), as a lecturer, The Hong Kong Polytechnic University — 2013-2014 Academic year — 50 students.
License CC BY-NC-ND 4.0
Il segreto della vergine delle rocce (louvre) di leonardoAlfonso Rubino
IL Segreto della Vergine delle Rocce - Louvre
Il dipinto della Vergine delle Rocce fu realizzato da Leonardo a Milano intorno al 1483-86.
Fu eseguito su un supporto ligneo e successivamente, trasportato su tela.
Misura 199 cm. di Altezza e 122 cm. di Larghezza.
Le proporzioni e le dimensioni del dipinto non sono casuali o determinate da vincoli pratici.
Esse dipendono da un rigoroso modello geometrico-armonico che in linguaggio tecnico viene
chiamato Icnogramma.
In questo studio viene presentata la sequenza geometrica che genera l’ Icnogramma a partire
dalla sagoma geometrica del quadro.
Si arriverà ad una sorprendente conclusione.
L’ icnogramma della Vergine delle Rocce cela l’icnogramma del disegno
dell’Uomo Vitruviano, sia nelle proporzioni che nelle dimensioni.
Si dimostra che il disegno dell’Uomo Vitruviano( 1490) è stato creato attraverso una filiazione
geo-armonica del Codice ( Icnogramma ) della Vergine delle Rocce.
Promoting culture and the creative arts - International meetings of the Forum...EY
EY and the Forum d’Avignon have been working jointly to bring these spheres together since 2008, developing ways for the artistic and creative industries to respond to the critical issues that confront them. EY’s widely-recognized expertise and experience in the sector provides major lessons and concrete solutions to the industry’s challenges. Year after year, the Forum d’Avignon and EY have observed and interpreted the forces at work in the cultural field as it is swept by a digital revolution that has redistributed power amidst an ever-changing fiscal landscape.
More info on : www.ey.com/FR/ForumAvignon
The Private International Law Dimension of the UN Principles on Business and ...Veerle Van Den Eeckhout
Powerpoint-presentation
at Lausanne, 10 October 2014
Conference "The Implementation of the UN Principles on Business and Human Rights in Private International Law"
( see http://www.isdc.ch/d2wfiles/document/4713/4018/0/Human%20Rights%20in%20PIL-%2010-10-2014.pdf at http://www.isdc.ch )
Abstract:
In the reports on Business and Human Rights by John Ruggie, "access to remedies cq access to justice" appears to be a key element.
Rules of Private International Law can be seen as key factors in achieving access to remedies cq access to justice: PIL rules act like hinges that allow doors - granting access to a specific court and to a specific legal norm - to be opened or to be kept closed; thus, as PIL deals with issues of international jurisdiction and applicable law, PIL rules are of paramount importance in determining access to a specific court and access to a specific legal norm.
In his Guiding Principles, Ruggie addresses the responsibility of States for issuing suitable legislation and ‘access to remedies’; it may be well argued that PIL legislation (rules on jurisdiction and applicable law) and the interpretation of this legislation should also be examined in this context.
In the presentation the focus will be on the hypothesis that plaintiffs want to bring an action before a EU Member State court. When focusing on this hypothesis, one can observe that at least some PIL-aspects are covered by rules of PIL of European origin (the regulation of some other aspects is still left to the EU- Member States themselves). To what extent do these rules allow or deny access to remedies cq access to justice?
In the presentation, some rules and issues of (mainly) European PIL - both jurisdiction and applicable law - that deserve attention from this perspective will be highlighted in an introductory way.
Intellectual Property basics for H2020 Proposers. Good for everyone looking for a quick understanting of the main players and organisations in the IP Rights.
Journée d’ information: création de valeur à travers l’activité intellectuelle. La propriété intellectuelle est l’intersection des aspects: juridiques,techniques et commerciaux. La propriété intellectuelle est le lien entre: Aspects juridiques (Acquisition, Gestion, Maintien, Défense); Aspects techniques (Innovation, Recherche et développement, Instrumentations, Technologies); Aspects commerciaux (Marketing, Contracts de licence, Exclusivité, Contrefaçon)
An Introduction to Intellectual Property for Commercial LawyersJane Lambert
These are the slides of a presentation that I gave to the Manchester Trainee Solicitors Group at BPP Law School in Manchester on 29 April 2015. This was a mixed audience consisting of trainee solicitors and graduate students. Most were from the UK but there were a few from other countries. Some of the trainees were employed in IP or TMT departments of major law firms. Others were in company and commercial departments. In this talk I decided to talk about the treaties and policy that shape our IP statutes.
2014 01 18 Rethinking the Domain Name Dispute Resolution in the Era of New gTLDsEmmanuelGillet
Presented at: Rethinking Domain Name Dispute Resolution in the Era of New gTLDs, ADNDRC conference, Kuala Lumpur Regional Center for Arbitration (KLRCA) — Kuala Lumpur, 18 January 2014.
Abstract: Fifteen years after the UDRP was adopted, there has been an unprecedented increase of domain names resources. ICANN is in the process of liberalizing the creation of new top level domains. Furthermore, new technologies now allow the registration of internationalized domain names (IDNs). Resources will soon be almost endless and extremely varied (new TLDs + IDNs + IPV6). At the same time, one can question the effectiveness of the UDRP in achieving its goal: fighting cybersquatting. Indeed, in 70% of WIPO cases, disputed domain names are transferred to the claimant. An analysis of the UDRP case law and similar rules shows that the whole system has already evolved, thanks to the UDRP panelists (consolidation, re-filing, etc.) and the ccTLDs registries (mediation, appeal, reimbursement of legal fees, arbitration, etc.). However, good ideas are scattered like pieces of a puzzle. The whole system could be improved by i) giving Lady Justice the sword she is missing in domain names dispute resolution proceedings and ii) gathering all the good ideas together.
License CC BY-NC-ND 4.0 | 2014
Free Speech (Lecture at the Hong Kong Polytechnic University, 2014)EmmanuelGillet
Free Speech in a Comparative Perspective. — Related course: Legal Aspects of E-Commerce (in a comparative perspective: Hong Kong and major markets: U.S.A, E.U. and P.R.C), as a lecturer, The Hong Kong Polytechnic University — 2013-2014 Academic year — 50 students
License CC BY-NC-ND 4.0
Presented at: Domain Names and DNS: Comparative Studies, Institutional Perspectives, Recent Developments in the DNS Governance, CUHK/CFRED Conference — Hong Kong, 14 May 2014.
Abstract: Since the inception of the Internet Corporation for Assigned Names and Numbers in 1998, the landscape and the law of the domain name system (DNS) is constantly changing. The issue of public order is playing an increasing role. This presentation focuses especially on the various dispute resolution mechanisms provided to address public order issues due to the liberalization of the top level domains. This presentation focus more particularly on the new gTLDs related to the health sector, such as .doctor, .health, .hospital, .med, .pharmacy.
License CC BY-NC-ND 4.0 | 2014
Trademark Law and Cyberspace #2: Domain Name System (Lecture at the Hong Kong...EmmanuelGillet
Trademarks Law and Cyberspace #2: Domain Name System. — Related course: Legal Aspects of E-Commerce (in a comparative perspective: Hong Kong and major markets: U.S.A, E.U. and P.R.C), as a lecturer, The Hong Kong Polytechnic University — 2013-2014 Academic year — 50 students.
License CC BY-NC-ND 4.0 |
2015 08 19 Using Online Educational Technologies in Legal Studies: the Comb...EmmanuelGillet
Presented at: Blended Learning Symposium: Teaching Beyond the Classroom — The Hong Kong Polytechnic University, Hong Kong, 19 August 2015.
Abstract: This presentation is based on a case study conducted for the purpose of obtaining the Certificate in Becoming an Online Teacher (Educational Development Center, The Hong Kong Polytechnic University). It aims to show how the legal methodology called “IRAC’ fits in the Bloom’s taxonomy, and to demonstrate the efficiency of online educational technologies (quizzes and wikis) in a blended learning environment designed for legal studies.
License CC BY-NC-ND 4.0 | 2015
2013 09 18 - Fighting Counterfeiting, A Compilation of Anti-Counterfeiting Aw...EmmanuelGillet
Presented at: the Hong Kong Baptist University — Warm-up Seminar "Protecting Creativity & Innovation: IPR for Products, Brands & Services", jointly organized by the European Union Academic Programme (EUAP) and the Hong Kong Baptist University — Hong Kong, 18 September 2013.
Abstract: This presentation was first played on the 18th September 2013 at the seminar “Protecting Creativity & Innovation: IPR for Products, Brands & Services”. This seminar took place at Baptist University of Hong Kong and was the launching event of the Creativity Students Competition 2013, organized and supported jointly by the European Union Academic Programme Hong Kong (EUAP) and the European Chamber of Commerce in Hong Kong. Entrants were invited to create a mascot, a poster, and/or a short film and were urged to be as creative as they can with the theme of intellectual property, protection for creativity and innovation. This presentation is a compilation of previous anti-counterfeiting campaigns and serve as an example for an educational purpose.
• Webpage of the event: http://goo.gl/Up6M2S
Feel free to download from my blog and play it just like a movie:
https://emmanuelgillet.wordpress.com/conferences-seminars/
Emmanuel GILLET - License CC BY-NC-ND 2013
Trademark law and cyberspace #1 (Lecture at the Hong Kong Polytechnic Univers...EmmanuelGillet
Trademarks Law and Cyberspace #1. — Related course: Legal Aspects of E-Commerce (in a comparative perspective: Hong Kong and major markets: U.S.A, E.U. and P.R.C), as a lecturer, The Hong Kong Polytechnic University — 2013-2014 Academic year — 50 students.
License CC BY-NC-ND 4.0
Il segreto della vergine delle rocce (louvre) di leonardoAlfonso Rubino
IL Segreto della Vergine delle Rocce - Louvre
Il dipinto della Vergine delle Rocce fu realizzato da Leonardo a Milano intorno al 1483-86.
Fu eseguito su un supporto ligneo e successivamente, trasportato su tela.
Misura 199 cm. di Altezza e 122 cm. di Larghezza.
Le proporzioni e le dimensioni del dipinto non sono casuali o determinate da vincoli pratici.
Esse dipendono da un rigoroso modello geometrico-armonico che in linguaggio tecnico viene
chiamato Icnogramma.
In questo studio viene presentata la sequenza geometrica che genera l’ Icnogramma a partire
dalla sagoma geometrica del quadro.
Si arriverà ad una sorprendente conclusione.
L’ icnogramma della Vergine delle Rocce cela l’icnogramma del disegno
dell’Uomo Vitruviano, sia nelle proporzioni che nelle dimensioni.
Si dimostra che il disegno dell’Uomo Vitruviano( 1490) è stato creato attraverso una filiazione
geo-armonica del Codice ( Icnogramma ) della Vergine delle Rocce.
Il segreto della vergine delle rocce (louvre) di leonardo
Similar to 2013 11 01 Fighting Counterfeiting: A Comparative Study on the Legal Means to Fight Counterfeiting under European Law, Chinese law and Hong Kong Law
Promoting culture and the creative arts - International meetings of the Forum...EY
EY and the Forum d’Avignon have been working jointly to bring these spheres together since 2008, developing ways for the artistic and creative industries to respond to the critical issues that confront them. EY’s widely-recognized expertise and experience in the sector provides major lessons and concrete solutions to the industry’s challenges. Year after year, the Forum d’Avignon and EY have observed and interpreted the forces at work in the cultural field as it is swept by a digital revolution that has redistributed power amidst an ever-changing fiscal landscape.
More info on : www.ey.com/FR/ForumAvignon
The Private International Law Dimension of the UN Principles on Business and ...Veerle Van Den Eeckhout
Powerpoint-presentation
at Lausanne, 10 October 2014
Conference "The Implementation of the UN Principles on Business and Human Rights in Private International Law"
( see http://www.isdc.ch/d2wfiles/document/4713/4018/0/Human%20Rights%20in%20PIL-%2010-10-2014.pdf at http://www.isdc.ch )
Abstract:
In the reports on Business and Human Rights by John Ruggie, "access to remedies cq access to justice" appears to be a key element.
Rules of Private International Law can be seen as key factors in achieving access to remedies cq access to justice: PIL rules act like hinges that allow doors - granting access to a specific court and to a specific legal norm - to be opened or to be kept closed; thus, as PIL deals with issues of international jurisdiction and applicable law, PIL rules are of paramount importance in determining access to a specific court and access to a specific legal norm.
In his Guiding Principles, Ruggie addresses the responsibility of States for issuing suitable legislation and ‘access to remedies’; it may be well argued that PIL legislation (rules on jurisdiction and applicable law) and the interpretation of this legislation should also be examined in this context.
In the presentation the focus will be on the hypothesis that plaintiffs want to bring an action before a EU Member State court. When focusing on this hypothesis, one can observe that at least some PIL-aspects are covered by rules of PIL of European origin (the regulation of some other aspects is still left to the EU- Member States themselves). To what extent do these rules allow or deny access to remedies cq access to justice?
In the presentation, some rules and issues of (mainly) European PIL - both jurisdiction and applicable law - that deserve attention from this perspective will be highlighted in an introductory way.
Intellectual Property basics for H2020 Proposers. Good for everyone looking for a quick understanting of the main players and organisations in the IP Rights.
Journée d’ information: création de valeur à travers l’activité intellectuelle. La propriété intellectuelle est l’intersection des aspects: juridiques,techniques et commerciaux. La propriété intellectuelle est le lien entre: Aspects juridiques (Acquisition, Gestion, Maintien, Défense); Aspects techniques (Innovation, Recherche et développement, Instrumentations, Technologies); Aspects commerciaux (Marketing, Contracts de licence, Exclusivité, Contrefaçon)
An Introduction to Intellectual Property for Commercial LawyersJane Lambert
These are the slides of a presentation that I gave to the Manchester Trainee Solicitors Group at BPP Law School in Manchester on 29 April 2015. This was a mixed audience consisting of trainee solicitors and graduate students. Most were from the UK but there were a few from other countries. Some of the trainees were employed in IP or TMT departments of major law firms. Others were in company and commercial departments. In this talk I decided to talk about the treaties and policy that shape our IP statutes.
Disconnecting the HADOPI and the French graduated response?Nicolas Jondet
Presentation made at Bileta 2013 on the French copyright system and its future in light of the upcoming Lescure Review
Similar to 2013 11 01 Fighting Counterfeiting: A Comparative Study on the Legal Means to Fight Counterfeiting under European Law, Chinese law and Hong Kong Law (20)
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
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2013 11 01 Fighting Counterfeiting: A Comparative Study on the Legal Means to Fight Counterfeiting under European Law, Chinese law and Hong Kong Law
1. Fighting Infringement of IPRs
The European Approach
Chinese University of Hong Kong
Friday 1st November 2013
Emmanuel GILLET, Ph D
Visiting Scholar,European Union Academic
Programme in Hong Kong
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
2. Fighting Infringement of IPRs:
the European Approach
« Overview of IPRs
« Overview of IPRs
« Why Talking About Counterfeiting?
« Economics of IPRs in the European Union
« Counterfeiting: EU Statistics
« Counterfeiting: Ethical Issues / Social Offenses
« How Fighting Against Counterfeiting?
« EU Legal Framework
« Awareness Campaigns
« Cooperation
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
4. Fighting Infringement of IPRs:
the European Approach
Original literary works, films, musical compositions,
paintings, photographs, computer software, etc.
« Overview of IPRs
« Copyright
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
6. Fighting Infringement of IPRs:
the European Approach
« Copyright
« Overview of IPRs
Composer Interpreter
Franz Liszt (1811-1886) 郎朗 (1982 - )
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
7. Fighting Infringement of IPRs:
the European Approach
« Trademarks
« Overview of IPRs
Recognizable signs identifying products or services of a particular company
Trademark law protects;
- Trademarks owners; and
- Consumers
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
8. Fighting Infringement of IPRs:
the European Approach
« Trademarks
« Overview of IPRs
European Community Trademark
A single registration for 28 countries
500 million consumers
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
9. Fighting Infringement of IPRs:
the European Approach
« Designs
« Overview of IPRs
Creations consisting of a 2D or 3D shape
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
10. Fighting Infringement of IPRs:
the European Approach
« Designs
« Overview of IPRs
European Community Design
A single registration for 28 countries
500 million consumers
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
11. Fighting Infringement of IPRs:
the European Approach
« Designs
« Overview of IPRs
European community
design for a boat, created
and registered by
Philippe Starck
12. Fighting Infringement of IPRs:
the European Approach
European community
designs for a series of
bags, created and
registered by Louis
Vuitton
13. Fighting Infringement of IPRs:
the European Approach
« Geographical Indications
« Overview of IPRs
Recognizable signs used on eligible products produced
in a specific geographical location with specific material
and particular and recognized knowledge
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
14. Fighting Infringement of IPRs:
the European Approach
« Overview of IPRs
« Geographical Indications
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
15. Fighting Infringement of IPRs:
the European Approach
« Overview of IPRs
« Geographical Indications
Champagne 香槟Champagne
EU symbol China symbol
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
16. Fighting Infringement of IPRs:
the European Approach
« Overview of IPRs
« Patents
Inventions that provide technological solutions to
technological problems
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
17. Fighting Infringement of IPRs:
the European Approach
« Overview of IPRs
« Patents
European patent
One registration for 28 countries +
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
20. Fighting Infringement of IPRs:
the European Approach
« Economics of IPR in the EU
• About 50% of EU industries are IPR intensive
• IPR-intensive industries account for 1/3rd of all jobs in the EU
• These industries generated almost 39% of total economic activity (GDP) in the EU, worth €4.7 trillion
• IPR-intensive industries account for 90% of the EU’s trade with the rest of the world
Source: The European Observatory on Infringements of Intellectual Property Rights, the Office for Harmonization in the Internal
Market (OHIM) and the European Patent Office (EPO)
http://oami.europa.eu/ows/rw/pages/OBS/index.en.do
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
22. Fighting Infringement of IPRs:
the European Approach
« Counterfeiting: statistics
Source: Report on EU customs
enforcement of intellectual property
rights / Results at the EU border
2012 (europa.eu)
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
23. Fighting Infringement of IPRs:
the European Approach
Source: Report on EU customs
enforcement of intellectual property
rights / Results at the EU border
2012 (europa.eu)
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
24. Fighting Infringement of IPRs:
the European Approach
Virtually anything
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
25. Fighting Infringement of IPRs:
the European Approach
Source: Report on EU customs
enforcement of intellectual property
rights / Results at the EU border
2012 (europa.eu)
China + Hong Kong
72,3%
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
26. Fighting Infringement of IPRs:
the European Approach
Value: One billion euros
(11 billion HKD)
« Counterfeiting: statistics
Source: Report on EU customs enforcement of
intellectual property rights / Results at the EU
border 2012 (europa.eu)
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
28. Fighting Infringement of IPRs:
the European Approach
« Counterfeiting: Ethical Issues / Social Offenses
o Illegal work
o Child labor
o Slavery
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
30. Fighting Infringement of IPRs:
the European Approach
« Counterfeiting: Ethical Issues / Social Offenses
o Products quality
o Dangerousness
o Loss of jobs
o Loss of tax incomes
o Organized crime / terrorism
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
34. Fighting Infringement of IPRs:
the European Approach
« EU Legal Framework
« Civil aspects − IPRED 1 − Directive 2004/48 of 29 April 2004
on the Enforcement of IPRs
Measures to preserve evidences
Remedies: dissuasive
Destruction of the goods
Damages:
Member States shall take into account all appropriate aspects:
Negative economic consequences:
Lost profits,
Unfair profits made by the infringer
Moral prejudice
Punitive damages?
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
35. Fighting Infringement of IPRs:
the European Approach
Proposed directive on the CRIMINAL MEASURES aimed at
ensuring the enforcement of IPRs
Proposal removed
« EU Legal Framework
« Criminal aspects − IPRED 2
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
36. Fighting Infringement of IPRs:
the European Approach
« EU Legal Framework
« Criminal aspects (France)
Article L. 716-10-a), French Code of Intellectual
Property:
“Detaining or holding counterfeiting goods without a
legitimate reason is punished by three years
imprisonment and 300.000 € fine”.
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
37.
38. Fighting Infringement of IPRs:
the European Approach
Simplified procedure / Destruction
§ Previously optional, now mandatory for Member States: power to destroy goods
without a court determination that the goods infringe the relevant IPR
« EU Legal Framework
« Customs - Regulation 608/2013 of 12th June 2013 governing
anti-counterfeiting action by customs authorities
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
39. Fighting Infringement of IPRs:
the European Approach
Procedure for the destruction of goods in small consignements
« EU Legal Framework
« Customs - Regulation 608/2013 of 12th June 2013 governing
anti-counterfeiting action by customs authorities
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
40. Fighting Infringement of IPRs:
the European Approach
« EU Legal Framework
« Customs - Regulation 608/2013 of 12th June 2013 governing
anti-counterfeiting action by customs authorities
Counterfeit goods travel more and
more via the post
Source: Report on EU customs
enforcement of intellectual property
rights / Results at the EU border
2012 (europa.eu)
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
43. Fighting Infringement of IPRs:
the European Approach
« Paris Court of Appeals, 3 May 2006, Ste Julma c. Ste Louis
Vuitton
European community designs
Registered by Louis Vuitton in February 2004
For a new collection of hand bags named “Theda”
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
44. Fighting Infringement of IPRs:
the European Approach
« Paris Court of Appeals, 3 May 2006, Ste Julma c. Ste Louis
Vuitton
A few weeks later…
A French company imported from China 2.124 bags similar to Theda models
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
45. Fighting Infringement of IPRs:
the European Approach
« Paris Court of Appeals, 3 May 2006, Ste Julma c. Ste Louis
Vuitton
Main arguments
Validity of IPRs Good Faith / Bad faith
Claimant - Registered designs
- Previous
- Valid
Bad faith
Defendant Not valid Good faith
Court Claimant’s IPRs are valid Irrelevant
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
46. Fighting Infringement of IPRs:
the European Approach
« Paris Court of Appeals, 3 May 2006, Ste Julma c. Ste Louis
Vuitton
Damages Legal Costs
Investment (≈ 7 million Euros)
Number of counterfeit goods
200.000 €
15.000 €
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
50. Fighting Infringement of IPRs:
the European Approach
« Champagne
Source: Darts-IP.com
¤ USA
¤ France
¤ Germany
¤ Belgium
¤ Italy
¤ Spain
¤ Switzerland
¤ China
¤ Australia
¤ India
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
51. Fighting Infringement of IPRs:
the European Approach
« Champagne
Source: Comité Interprofessionel des Vins de
Champagne (CICV) – champagne.fr
¤ Wines
¤ Cigarettes
¤ Shampoo
¤ Biscuits
¤ Cola
¤ Shoes
¤ Perfumes for women and men
¤ Perfumes for dogs
¤ Toilet brushes
¤ Various domain names
¤ Etc.
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
54. Fighting Infringement of IPRs:
the European Approach
« International Cooperation
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
55. Fighting Infringement of IPRs:
the European Approach
« EU - Asia
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
56. Fighting Infringement of IPRs:
the European Approach
« EU – Hong Kong
Council Decision 1999/400/EC of 11 May 1999 concerning the
conclusion of the Agreement between the European Community and
Hong Kong, on cooperation and mutual administrative assistance in
customs matters
Customs cooperation + Mutual administrative assistance
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
57. Fighting Infringement of IPRs:
the European Approach
« EU – Hong Kong
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D
64. Thank you
Emmanuel GIILLET, Ph D
Visiting Scholar,European Union Academic
Programme in Hong Kong
mail@egillet.com
CC BY-NC-ND 4.0 | Emmanuel GILLET, Ph D