Protection of Intellectual Property through border measures in the European Union

Abstract

Customs are in a privileged position to contribute to the prevention and prosecution of IPR infringements, be it under the order of a judicial authority (criminal or civil - preventive or final decision) or on its own motion, particularly counterfeiting and piracy since these IPR violations are more easily identifiable for customs officials. This fact was soon recognised internationally, though it was not until the adoption of the World Trade Organization (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) that specific international obligations were assumed by States as to the intervention of national customs authorities in this field. The EU gives –as has always done- extraordinary importance to IPR and their protection from infringements in the internal market as well as in international commercial relations. This work analyses the WTO and EU border measures on IP as well as the ATCA proposed rules in the field.