Counterfeiting : a legal analysis

Abstract

Counterfeiting is a growing worldwide problem. European Commission statistics expose an unrelenting annual increase in the dissemination of goods which violate the intellectual property rights of trade mark holders. The thesis examines the various problems created by counterfeiting, affecting right holders whose trade marks have been infringed, as well as consumers and Governments. Before analysing the salient administrative, civil and criminal laws enacted in this regard, both on a national and EU level, the dissertation delves into the impact this infringing act has on global economies. It looks at reports and statistics published by various institutions on the dimension of the problem. Subsequently, the thesis examines the cross-border nature of counterfeiting, which has led the European Union to enact various Regulations with the aim of containment. Notwithstanding that EU law has harmonised laws dealing with the subject-matter for the better protection of intellectual property right holders and the interests of the Internal Market, the thesis briefly addresses inconsistencies in the laws of the Member States, especially when it comes to criminal enforcement. The thesis also explores various issues that permeated the infringing act of counterfeiting, such as the impact of technology, and brings to light the difficulty in amending legislation while keeping up with the fast pace with which the dynamics of counterfeiting are changing. Such matters demonstrate the need to better the enforcement of intellectual property laws to ensure the minimisation of the volume of counterfeits that are released onto the market. To that effect, the thesis concludes by proposing measures to enhance enforcement and to raise awareness about the expanding problem.