R. European Community
R1. Criminal laws relating to piracy and counterfeiting are provided by the laws of the individual member countries.
R2. There are provisions for enforcement of judgements of one member country in other member countries, and for the enforcement of European Community trade mark registrations.
R3. Harmonisation Directives are periodically issued by the European Community which are having the effect of harmonising intellectual property laws in each of the member countries. There are also Council Regulations which bind European Community Members, including for example EC Regulation 3295/94 laying down measures to prohibit the free circulation and export of counterfeit and pirated goods.
R4. By way of information, EC Regulation 3295/94 has the following definitions of counterfeit and pirated goods (as translated):
| (a) | "counterfeit goods" means: |
| - | goods, including the packaging thereof, bearing without authorisation a trade mark which is identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such trade mark and which thereby infringes the rights of the holder of the trade mark in question under Community Law or the law of the Member State in which the application for action by the customs authorities is made, any trade mark symbol (logo, label, sticker, brochure, instructions for use or guarantee document) whether presented separately or note, in the same circumstances as the goods referred to in the first indent, |
| - | packaging materials bearing the trade marks of counterfeit goods, presented separately in the same circumstances as the goods referred to in the first indent; |
| (b) | "pirated goods" means: |
| | goods which are or embody copies made without the consent of the holder of the copyright or neighbouring rights, or of the holder of a design right, whether registered under national law or not, or of a person duly authorised by the holder in the country of product, where the making of those copies infringes the right in question under Community law or the law of the Member State in which the application for action by the customs authorities is made; |
R5. While parallel importing is not restricted for goods traded within the European Community, a very recent case in trade mark law, the SILHOUETTE Case originating from Austria, appears about to uphold the use of trade mark law to ban parallel importation from outside the Community.
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