Anti-counterfeiting: A Global Guide 2018
A practical, country-by-country analysis of anti-counterfeiting procedure written by the world's leading firms.
While there are several initiatives in place to assist landlords in fighting counterfeiting, a great deal more can and must be done by landlords, governments, enforcement agencies and rights holders in transforming these efforts into a comprehensive and collective response to this massive problem.
Counterfeiting is a priority policy issue for the International Trademark Association (INTA). Counterfeit goods are reaching consumers in all corners of the world and have permeated the online marketplace.
Counterfeiters often act through third parties that might not be aware that their services are used for illegal activities. Such third-party engagement renders the liability of intermediaries a cutting-edge matter in IP law worldwide.
Online operators such as eBay, Facebook, Instagram and Amazon find themselves under the microscope. They have become hugely successful organisations, but their platforms are often misused by those infringing rights or promoting bad locations.
The reality is that as the counterfeiting market expands, brands will never be able to eliminate every single instance of it. However, it is not necessarily a losing battle. Instead, it requires a change of focus.
Compared to other forms of artistic expression – such as literature, music, films and theatrical works – fashion designs are left with limited IP rights and protection.
James Donoian and Margarita Wallach
The European Union is a highly attractive business market – and a prime target for counterfeiters. The EU Customs Regulation is the most cost-efficient and strongest tool to fight counterfeiting, given the investigative powers of customs authorities throughout the European Union.
Florian Schwab, Rudolf Böckenholt and Volker Schmitz-Fohrmann
With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be a fertile ground for the production and distribution of counterfeit goods.
Vladimir Marenovic and Nikola Kliska
The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities.
Elisabeth Kasznar Fekete, Gabriel F Leonardos and Rafael Lacaz Amaral
Canada adopted a new border enforcement system on January 1 2015, which empowers Canada Border Services Agency (CBSA) officials to act ex officio to detain suspected counterfeit or pirated product.
Brand owners often contend that counterfeiting and trademark infringement are a high-profit and low-risk business, and that trademark protection falls short in China. However, positive changes have been taking place.
In addition to the IP Law, a number of other laws and regulations govern the protection and enforcement of trademark rights in Egypt.
Omar Obeidat, Hassane H El Sheref and Abdelrahman Helmi
In case of slavish imitations which are not within the scope of IP rights, the Act Against Unfair Competition provides for complementary protection of performances if additional unfair competition aspects are given, although the requirements are less strict for identical replications.
Erik Schäfer and Reinhard Fischer
Seizures and detentions of counterfeit goods continued to be significant in Greece in 2017. Following on from the imposition of special consumption taxes on alcohol, tobacco and petrol a couple of years ago, there has been a significant increase in counterfeiting activity with regard to cigarettes and spirits.
The Trademarks Act is the principal legislation governing trademarks in India. The act provides both civil and criminal statutory remedies against the infringement of a registered trademark.
Tusha Malhotra and Rashi Punia
According to the Customs Ordinance, Customs is entitled to detain imported goods that are suspected of infringing trademarks. It is possible, although not mandatory, for rights holders to file a complaint while recording their registered trademarks with Customs
Dor Cohen-Zedek, Yossi Markovich and Itai Sela Saldinger
Contrary to common belief, the Italian legislative instruments against IP infringement are quite effective.
Officers at Mexico’s 49 customs offices inspect the contents of containers with Mexico as their final destination in order to detect counterfeit merchandise. Because the authorities cannot commence proceedings against counterfeit goods, rights holders must file corresponding legal actions in order to obtain the seizure of illegal goods.
Juan Carlos Amaro
Nigeria has no specific anti-counterfeiting law – at least, not a broad one that covers all types of goods and all species of anti-counterfeiting. Hence, the fight against counterfeits involves the creative application of the various laws that affect rights holders in one way or another.
Customs authorities are empowered to inspect and seize merchandise that is subject to customs procedures and which may violate Panama’s IP laws, regardless of its final destination. This means that even in-transit goods can be inspected and seized.
The Intellectual Property Office of the Philippines (IPOPHIL) continues to be at the forefront of activities geared towards providing adequate, reliable and effective protection and enforcement of IP rights.
Romania joined the European Union on January 1 2007. Consequently, the Romanian customs authorities’ responsibility to protect the external border of the European Union increased considerably.
The continuing economic crisis and the drop in disposable income have motivated Russians to seek cheaper alternatives for consumer goods. This has led to an increase in the circulation of counterfeit goods.
David Aylen and Maria Aronikova
Saudi Customs has an internal IP rights unit which provides a database to facilitate enforcement against counterfeit goods. It is possible to formally request customs surveillance to safeguard against counterfeiting and trademark infringement.
Mohammad Jomoa and Tariq Zain
The availability of preventive measures at Customs is vital in the fight against counterfeiting. In light of this, the Customs Code and the relevant customs regulations have been amended in line with TRIPs.
Barış Kalaycı, Zeynep Seda Alhas and Ali Bozoğlu
No laws or regulations deal specifically with counterfeiting in Ukraine. Thus, this type of infringement is dealt with under the Trademark Law.
Alexander Pakharenko and John Anderson
For many years, the United Arab Emirates has had one of the most active anti-counterfeiting regimes in the Middle East and Africa.
Omar Obeidat, Rasha Al Ardah and Ahmad Zaza
The primary piece of national legislation relating to trademarks in the United Kingdom is the Trademarks Act 1994. This act contains provisions covering trademark infringement as well as criminal offences relating to anti-counterfeiting.
Louise Foster and Varuni Paranavitane
US law offers a full arsenal of weapons that trademark owners can employ to combat counterfeiting at every step.
B Brett Heavner and Yinfei Wu
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