Kasznar Leonardos Intellectual Property
The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities. The enforcement of IP rights involves planning, technology, intelligence, training and coordination, with support from a number of laws and treaties.
Tilleke & Gibbins
Cambodia has no customs recordal system in place. If a rights holder uses an exclusive distributor in Cambodia, it may register an exclusive distributorship with the Department of IP Rights. Once the registration is accepted, it can be forwarded to Customs.
Kestenberg Siegal Lipkus LLP
Between 1 January 2015 and 31 December 2018 the Canada Border Services Agency (Customs) accepted 248 requests for assistance from rights holders, including 86 copyrights and 3,204 trademarks. Customs encountered 73 shipments and contacted 60 rights holders with filed requests for assistance.
DLA Piper France LLP
When the EU Customs Regulation does not apply, rights holders can rely on the national provisions of the French IP Code. The French Customs Code will also apply to Customs and criminal procedures.
COHAUSZ & FLORACK
For civil enforcement against counterfeiting, an application must be made to the ordinary courts. Preliminary ex parte measures play an important role, but are admissible only for some of the remedies available. Claims for damages, for example, can be enforced within substantive proceedings only.
Malamis & Associates
Seizures and detentions of counterfeit goods took place in significant volume in Greece during 2018. Large seizures also took place involving goods in transit to neighbouring countries of the Balkan peninsula.
Anand and Anand
The Penal Code sets out punishments for cheating, counterfeiting and possession of instruments for making counterfeits, among other things. The code’s provisions can be invoked in criminal actions, in addition to the provisions of specific statutes.
Pearl Cohen Zedek Latzer Baratz
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.
IP Law Galli
As an EU member state, Italy applies all the relevant EU regulations (including those on border measures) and has implemented the Agreement on Trade-Related Aspects of Intellectual Property Rights and the main international agreements in this field.
Becerril, Coca & Becerril SC
The Official Database for Mexican Trademark Registrations of Mexican Customs is designed to allow rights holders to ask Customs to record information about their registered trademarks in Mexico, so that the administrative authorities can identify counterfeit goods being imported into the country in violation of such registered trademarks.
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.
Cabinet M Oproiu
Romania joined the European Union on 1 January 2007. Consequently, the Romanian customs authorities’ responsibility to protect the external border of the European Union increased considerably, as Romania has a significant border with non-EU countries.
Gorodissky & Partners
Administrative proceedings start with the rights holder filing a petition with the police, based on which the police conduct a raid on the infringer’s premises and seize any discovered counterfeit goods. They then pass samples of these to the trademark owner (or its authorised local representative) so that it can confirm the origin of the counterfeit.
Kadasa Intellectual Property
The Saudi Arabian Ministry of Finance adopted border measures for the protection of trademarks and copyrights in 2004. According to government sources, the measures are in line with Section 4 Part III of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs).
The Trademarks Act is the main legislation governing trademark infringement and anti-counterfeiting in Singapore. Part VI of the act criminalises the counterfeiting of a registered trademark, falsely applying a registered trademark to goods or services, and making or possessing an article used for counterfeiting.
Spoor & Fisher
The Counterfeit Goods Act 37/1997 aims specifically to combat the trade in counterfeit goods. The act was implemented in conjunction with amendments to the Merchandise Marks Act 17/1941, which had hitherto been the principal weapon used to deal with counterfeit goods.
Tilleke & Gibbins
Customs plays a pivotal role in intercepting incoming shipments of counterfeit and pirated goods en route to the Thai market. A special feature of the Customs Act BE 2560 (2017) gives customs officials the authority to intervene ex officio to detain and seize suspicious counterfeit and pirated goods.
Deris Attorney-at-Law Partnership
According to Turkish legislation, it is possible to register IP rights (ie, trademarks, industrial designs, patents, utility models, copyrights, geographical indications, integrated circuit topographies and plant breeders’ rights) before Customs, as the crucial first step in the fight against counterfeiting.
Pakharenko & Partners
No laws or regulations deal specifically with counterfeiting in Ukraine. Thus, this type of infringement is dealt with under the Trademark Law. Although that statute contains no definition of ‘counterfeit goods’, the relevant civil and criminal laws contain blanket provisions referring to the Trademark Law, particularly the definition of ‘use of a trademark’.
While Border Force may seize items suspected of infringing an IP right (including counterfeit, infringing or pirated goods) ex officio, this is quite uncommon (rights holders would still need to submit an ex officio application for action to secure destruction). Border Force will usually seize only such items where a rights holder has a customs application for action in place.
Adams and Reese LLP
Grey market goods do not qualify as counterfeit; therefore, distributors and sellers of grey market goods are not subject to criminal penalties. However, rights holders may have other claims against such distributors and sellers based on other intellectual property or contract laws.
Tilleke & Gibbins
As a part of its World Trade Organisation commitments and its commitments under other trade agreements, Vietnam has introduced a number of laws to better protect IP rights. In theory, the applicable laws have the highest priority, followed by decrees and circulars. However, in practice, the competent authorities often give higher weight to decrees and circulars as they are usually the most detailed regulations.