Transnational organised crime groups scrutinise legal systems and then work to infiltrate legal supply chains and legitimate intermediary businesses.
Business Action to Stop Counterfeiting and Piracy
Along with the recent global proliferation of Free Trade Zones has come increasing vulnerability to a wide range of abuses by criminals.
International Trademark Association
As with legitimate goods, there are two drivers behind the production and sale of counterfeits: supply and demand. The battle against counterfeiting requires all stakeholders to address the issue on both fronts.
Lawsuits on the grounds of trademark infringement are prosecuted before state courts and through private criminal prosecution brought by the rights holder.
Kestenberg Siegal Lipkus LLP
Unsurprisingly, 2019 also saw the increase of shipments detained destined for fulfilment centres associated with e-commerce third-party marketplaces.
The Product Quality Law and the Anti-unfair Competition Law also provide important IP provisions for anti-counterfeiting and falsified trademarks.
DLA Piper France LLP
Criminal proceedings are not the most favoured option for IP rights holders, but criminal penalties are usually considered to be more dissuasive for infringers.
COHAUSZ & FLORACK
In case of slavish imitations which are not within the scope of IP rights, the Act Against Unfair Competition provides for complementary protection if additional unfair acts are committed
Malamis & Associates
A significant volume of seizures and detentions of counterfeit goods have taken place in Greece in recent years.
Anand and Anand
Customs currently does not treat parallel-imported or grey-market goods as prohibited goods unless they are being smuggled or imported outside their original packaging.
Pearl Cohen Zedek Latzer Baratz
Customs is authorised to seize suspected goods (whether as a result of a complaint submitted by the rights holder or as a result of a random examination of shipments arriving in Israel).
IP Law Galli
In the case of infringement, police investigations, undercover operations and seizure measures are available.
Uhthoff, Gómez Vega & Uhthoff SC
There are several legal instruments available which carry significant benefits to those who choose to fight back and protect their intangible assets.
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.
Cabinet M Oproiu
Among the customs offices located on the EU border, the one in Constanţa Sud-Agigea harbour is by far the most important when it comes to combating the trafficking of counterfeit goods by sea.
Kadasa Intellectual Property
Any rights holder whose trademark has been infringed is entitled to file a civil action against the infringer before the competent commercial court in order to claim compensation.
Swedish IP legislation is based largely on European and international regulations and provisions, as well as international treaties on IP rights.
Tsai, Lee & Chen Patent Attorneys & Attorneys at Law
The specialised IP court is expected to be further enlarged in 2020 to become the IP Rights and Commercial Court.
Deris Attorney-at-Law Partnership
Turkey is a party to a number of international conventions, including the Paris Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Berne Convention.
Section 89 of the Trademarks Act allows the owner or licensee of a registered trademark to give written notice to HMRC that a consignment of goods is expected to arrive in the UK that will infringe the registered trademark.
Adams and Reese LLP
Anti-counterfeiting enforcement in the United States stems largely from two federal statutes: the Lanham Act (codified at 15 USC § 1051) and the Trademark Counterfeiting Act 1984 (codified at 18 USC § 2320).