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24 May 2018

Procedures and strategies for anti-counterfeiting: Germany

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.

24 May 2018

Procedures and strategies for anti-counterfeiting: Italy

Contrary to common belief, the Italian legislative instruments against IP infringement are quite effective.

24 May 2018

Procedures and strategies for anti-counterfeiting: Russia

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.

24 May 2018

Procedures and strategies for anti-counterfeiting: Saudi Arabia

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.

24 May 2018

Procedures and strategies for anti-counterfeiting: United Arab Emirates

For many years, the United Arab Emirates has had one of the most active anti-counterfeiting regimes in the Middle East and Africa.

24 May 2018

Liability of intermediaries: the effective anti-counterfeiting tool

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.

24 May 2018

Platform immunity under the microscope: cooperation is the best way forward

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.

24 May 2018

Role of property owners and governments in mitigating trade in counterfeits

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.

24 May 2018

Border seizure measures in the European Union

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.

24 May 2018

Procedures and strategies for anti-counterfeiting: Romania

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.

24 May 2018

Fast fashion and IP regulation: will fast fashion kill the golden goose?

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.

24 May 2018

Procedures and strategies for anti-counterfeiting: India

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.

24 May 2018

Procedures and strategies for anti-counterfeiting: Israel

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.

24 May 2018

Procedures and strategies for anti-counterfeiting: Nigeria

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.