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30 April 2010

Morocco

Industrial property in Morocco is regulated by the Industrial Property Law (17-97), as amended and supplemented by Law 31-05. Decree 2-00-368 of June 7 2004 sets out the conditions of the law’s implementation.

30 April 2010

Kuwait

The following legislation is applicable to counterfeiting and IP infringement in Kuwait: Articles 61 to 95 of the Commercial Code (Law 68/1980), which regulate trademarks and trade indications, Law 5/1999 on IP Rights (regarding copyright), Law 4/2002 Relating to Patents, Designs and Industrial Models, and the Gulf Cooperation Council Unified Trademark and Customs Laws.

30 April 2010

Pakistan

The relevant statutes in Pakistan relating to trademarks are the Trademarks Ordinance 2001 (civil), the Pakistan Penal Code 1860 (criminal), the Customs Act 1969 and the Drugs Act 1976 (for drugs/pharmaceuticals only).

30 April 2010

Chile

The legal framework for the protection of IP rights in Chile consists of several legal instruments, the most important being the Political Constitution of the Nation of 1980.

30 April 2010

Malaysia

Counterfeiting is a global menace polluting worldwide markets with tainted stock, which in turn creates false impressions of economic security. Counterfeiting is also a local nuisance, which can set the scene for other illegitimate activities, such as money laundering and human trafficking.

30 April 2010

Qatar

Qatar is located on the Arabian peninsula, sharing a border with Saudi Arabia on the south but otherwise surrounded by the Persian Gulf. Although a small state covering approximately 11,437 square kilometres with a population of around 1.54 million, it is an oil-rich country with a gross domestic product (purchasing power parity) of $95.130 billion and per capita income estimated at $86,669 – the highest in the world.

30 April 2010

Sub-Saharan Africa

Counterfeits are not produced to any significant degree in Africa; they are primarily manufactured in Asia, particularly China. However, a disproportionately high percentage of counterfeit shipments – where genuine products can be mixed with other goods, sometimes with false or incomplete transport documents – are destined for Africa, either directly or via ports such as Karachi, Dubai or Hong Kong, which are often used to re-route counterfeit products in order to disguise their origin.

30 April 2010

Canada

Combating counterfeiting in Canada involves use of the common law, IP legislation – the Trademarks Act (RSC 1985, c T-13), the Copyright Act (RSC 1985, c C-42) and the Criminal Code (RSC 1985, c C-46).

30 April 2010

Ukraine

Provisions on remedies against counterfeiters are contained in the Civil Code, the Commercial Code, the Criminal Code, the Code on Administrative Infringements and the Customs Code.

30 April 2010

Guatemala

The legal framework for anti-counterfeiting includes the Guatemalan Constitution, the Industrial Property Act (Decree of Congress 57-2000), the Copyright and Related Rights Act (Decree of Congress 33-1998), the Criminal Code (Decree of Congress 17-1973), the Procedural Criminal Code (Decree of Congress 51-1992) and the Commerce Code (Decree of Congress 2-1970).

30 April 2010

Czech Republic

Three types of law are applicable to anti-counterfeiting matters in the Czech Republic: national law, EU law and international treaties. Counterfeiting can be tackled through border measures, consumer protection, criminal prosecution and civil litigation.

30 April 2010

France

IP regulation is codified in the French IP Code. The code was amended by the Law of October 29 2007 against Infringement (1544/2007), which implemented the EU IP Rights Enforcement Directive (2004/48/EC). The amendment was followed by the application of Decrees 2008-624 and 2008-625 of June 27 2008.

30 April 2010

Brazil

Trademark protection is regulated by, among other things, the Federal Constitution, the Industrial Property Law (9,279/96), the Paris Convention of 1883 (as reviewed in Stockholm in 1967) and the Agreement on Trade-Related Aspects of Intellectual Property Rights.

30 April 2010

South Africa

The Counterfeit Goods Act (37/1997) is specifically designed to combat the trade in counterfeit goods. The act was implemented in conjunction with amendments to the Merchandise Marks Act (17/1941), which was previously the main instrument used to deal with counterfeit goods.

30 April 2010

Belgium

The main civil laws include the Benelux Convention on IP Rights (Trademarks and Designs) of February 25 2005, the Copyright Law of June 30 1994, the Computer Programs Law of June 30 1994 and the Database Law of August 31 1998.