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30 April 2010

Russia

The following national legal acts apply to counterfeiting: the Civil Code, the Criminal Code, the Code on Administrative Offences, the Customs Code and the Competition Law.

30 April 2010

Thailand

Thailand remains one of the main sources of counterfeit products in Asia. Despite a solid legal and administrative infrastructure and a good working relationship between rights holders and the Thai enforcement authorities, Thailand has been on the US Special 301 Watch List since 1994 and on the Priority Watch List since 2007, due to high levels of piracy – in particular, copyright and software piracy.

30 April 2010

Australia

Australia has a well-established legal regime to deal with counterfeit and pirated goods. Under the Trademarks Act 1995 (Cth) and the Copyright Act 1968 (Cth), a range of civil and criminal measures can be taken in relation to products that infringe registered trademarks and copyright material.

30 April 2010

Uruguay

The regulations governing industrial property in Uruguay, especially with regard to the fight against counterfeiting, include the Trademark Law (17011/1998), Decree 34/999 of February 3 1999 and the Agreement on Trade-Related Aspects of Intellectual Property Rights.

30 April 2010

United States

The cornerstone of trademark law in the United States is the Lanham Act (the Trademark Act of 1946, 60 Stat 427 (July 5 1946), codified as amended at 15 USC §1051 et seq), which governs all aspects of trademark protection and enforcement.

30 April 2010

Norway

The legal framework for protecting IP rights in Norway consists of several statutes, including the Trademarks Act, the Patents Act, the Designs Act, the Act Relating to Copyright in Literary, Scientific and Artistic Works, the Act Relating to Plant Breeders’ Rights and the Act Relating to the Protection of Layout Designs for Integrated Circuits.

30 April 2010

Electronics

The most recent statistics available from European customs authorities show that the number of counterfeit goods on the market continues to increase. The number of products suspected of infringing IP rights and being detained pursuant to the EU Customs Regulation (1383/03) by European customs authorities rose by 126% – from 79 million items in 2007 to 178 million in 2008. The number of border detentions made during the same period increased by 13%, from 43,671 cases to 49,381.

30 April 2010

United Kingdom

The two principal pieces of trademark legislation in the United Kingdom are the Trademarks Act 1994, which applies primarily to UK trademarks and sets out criminal offences for counterfeiting, and the EU Community Trademark Regulation (2009/207), which applies to trademarks covering the European Union.

30 April 2010

Flood of fakes hinders business efforts to grow economy and pinches government budgets

We live in a technology and information-based global society, where economic growth increasingly depends on innovation, invention and creativity. In order to continue to grow, to compete and to deliver products and services to the marketplace, companies are increasingly investing in ‘intellectual capital’.

30 April 2010

Indonesia

The long-anticipated overhaul of Indonesia’s IP legislation came back on track earlier this year when the government issued a draft Trademark Bill. It is expected to issue draft copyright, designs and patent bills in early 2010.

30 April 2010

United Arab Emirates

The United Arab Emirates is a union of seven emirates: Abu Dhabi, Ajman, Dubai, Fujerah, Ras Ul Khaimah, Sharjah and Um Ul Quain. IP-related matters are governed by the federal laws, which are enforceable in all seven emirates. Trademark prosecution and infringement matters are governed by the Trademark Law (37/1992), which was subsequently amended by Law 8/2002.

30 April 2010

Japan

The Trademark Law protects only registered trademarks, while the Unfair Competition Law protects registered and unregistered trademarks, as well as certain configurations of goods, from unauthorized use.

30 April 2010

Switzerland

Counterfeiting and piracy are global phenomena which also affect Switzerland. Although it is safe to say that Switzerland is not a centre for the production of counterfeit goods, there has been noticeable growth in the trade in such products.

30 April 2010

Slovakia

The Slovak law on counterfeiting is set out in various acts which protect different aspects of intellectual property. Some of these acts also cover certain procedural aspects of IP rights enforcement.

30 April 2010

The Customs-business partnership: the key to better IP rights protection

Globalization of trade also means globalization of crime. By way of proof, one need look no further than the Customs and IPR Report 2008 produced by the World Customs Organization (WCO) for its 176 members, which revealed that over 2,000 brands were counterfeited in 2008, with counterfeit goods originating in 106 countries and destined for some 140 countries.