Counterfeiting and piracy: the industry perspective

Abstract

In this well illustrated article, the author, an in-house lawyer with a leading German high-tech company, outlines his views on counterfeiting problems from the look-out of the industry. Dr Engels explains certain pitfalls of the system of border measures and questions the efficiency of the Enforcement Directive. In these vibrant pleadings, the author reminds us that pirates are competitors who do not battle with the same arms as a legitimate business. The paper explains some of the methods used by pirates and submits that the liability of intermediaries has to be retained more often and that authorities need to assume their liability.