Archivo de la etiqueta: Jesus Iván Mora González

Mora González, J.I., «Criminal enforcement of the trade mark holder´s vicarious liability», en European Intellectual Property Review, nº 38, 2016, págs. 757-764.

This article is a semiotic analysis of the trade mark holders vicarious liability, which aims to formalise an alternative hermeneutic criterion to protect the interests of trade mark holders without any need to embrace any misappropriation doctrine with the ability to marginalise the dialogical ability of citizens in the meaning-creating process of distinctive signs.

Mora González, J.I., «Ceilings for trade mark protection: some thoughts on s 92 TMA 1994», en Journal of Intellectual Property Law & Practice, nº 11, 2016, págs. 698-706.

In 2005 the Commission issued a proposal for a directive on criminal measures aimed at  ensuring the enforcement of intellectual property rights as a reaction to the failed attempt to introduce criminal law penalties in Directive 2004/48 EC on the enforcement of intellectual property rights (Enforcement Directive). The proposal referred particularly to piracy and counterfeiting as an ever-increa sing problem linked to organized crime. Although this proposal was initially welcomed by the European Parliament, it was not successful due to the lack of consensus in the Council regarding EU (EU) criminal law competence. In September 2010 the Commission withdrew the proposal, affirming that it was unlikely to be able to secure the implementation of the directive in the near future. It did so, not because of uncertainty about whether the criminal enforcement of intellectual…