Introduction
Anti-Counterfeiting Group
Transnational organised crime groups scrutinise legal systems and then work to infiltrate legal supply chains and legitimate intermediary businesses.
Phil Lewis
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.
Sophie Peresson
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.
Maysa Razavi
Industry insight
EBRAND
The lack of traceability and the long reach of the Internet pose additional risk for luxury brands which may appear liable if the public believe that it is the brands that are selling faulty products.
Luc Seufer
and Karolina Ciecieląg
OpSec Security
An effective online brand protection strategy allows you to recapture revenue, enjoy direct cost savings and safeguard your marketing campaign spend.
Stefanie Wood Ellis
Venable LLP
As new technology constantly changes how counterfeiters interact with consumers the global nature of the crime has made it especially challenging for brand owners to track distribution channels.
Marcella Ballard
and Justin E Pierce
Country chapters
Kasznar Leonardos
Lawsuits on the grounds of trademark infringement are prosecuted before state courts and through private criminal prosecution brought by the rights holder.
Elisabeth Kasznar Fekete
, Gabriel F Leonardos
and Rafael Lacaz Amaral
Kestenberg Siegal Lipkus LLP
Unsurprisingly, 2019 also saw the increase of shipments detained destined for fulfilment centres associated with e-commerce third-party marketplaces.
Lorne M Lipkus
, Georgina Starkman Danzig
and David S Lipkus
SIPS
The Product Quality Law and the Anti-unfair Competition Law also provide important IP provisions for anti-counterfeiting and falsified trademarks.
Dan Plane
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.
Karine Disdier-Mikus
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
Erik Schäfer
and Reinhard Fischer
Malamis & Associates
A significant volume of seizures and detentions of counterfeit goods have taken place in Greece in recent years.
Alkisti-Irene Malamis
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.
Saif Khan
and Shobhit Agrawal
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).
Dor Cohen Zedek
, Yossi Markovich
and Omri Ben-Natan
IP Law Galli
In the case of infringement, police investigations, undercover operations and seizure measures are available.
Cesare Galli
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.
Saul Santoyo
Estudio Benedetti
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.
Audrey Williams
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.
Raluca Vasilescu
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.
Mohammad Jomoa
and Tariq Zain
Advokatfirman Vinge
Swedish IP legislation is based largely on European and international regulations and provisions, as well as international treaties on IP rights.
Anette Henrysson
and Sofia Ljungblad
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.
Crystal J Chen
and Nick JC Lan
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.
N Serra Coral
, Feride Utku
and F Burcum Evgin
AA Thornton
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.
Louise Foster
and Varuni Paranavitane
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).
Kristina Montanaro Schrader
, Maia T Woodhouse
and Christopher B Burkett
