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14 May 2019

Procedures and strategies for anti-counterfeiting: United Kingdom

While Border Force may seize items suspected of infringing an IP right (including counterfeit, infringing or pirated goods) ex officio, this is quite uncommon (rights holders would still need to submit an ex officio application for action to secure destruction). Border Force will usually seize only such items where a rights holder has a customs application for action in place.

14 May 2019

Brexit Party versus Change UK, Hells Angels victory, and INTA Annual Meeting on the up: news digest

In our latest edition, we look at Guns ‘N’ Roses moving to protect a trademark, Indian farmers prevailing over PepsiCo in a potato legal battle, top Indian brands backing underdogs in Cricket World Cup, and much more.

14 May 2019

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. 

14 May 2019

Procedures and strategies for anti-counterfeiting: Mexico

The Official Database for Mexican Trademark Registrations of Mexican Customs is designed to allow rights holders to ask Customs to record information about their registered trademarks in Mexico, so that the administrative authorities can identify counterfeit goods being imported into the country in violation of such registered trademarks.

14 May 2019

Procedures and strategies for anti-counterfeiting: Romania

Romania joined the European Union on 1 January 2007. Consequently, the Romanian customs authorities’ responsibility to protect the external border of the European Union increased considerably, as Romania has a significant border with non-EU countries.

14 May 2019

Procedures and strategies for anti-counterfeiting: Brazil

The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities. The enforcement of IP rights involves planning, technology, intelligence, training and coordination, with support from a number of laws and treaties.

14 May 2019

Procedures and strategies for anti-counterfeiting: Cambodia

Cambodia has no customs recordal system in place. If a rights holder uses an exclusive distributor in Cambodia, it may register an exclusive distributorship with the Department of IP Rights. Once the registration is accepted, it can be forwarded to Customs.

14 May 2019

Procedures and strategies for anti-counterfeiting: Singapore

The Trademarks Act is the main legislation governing trademark infringement and anti-counterfeiting in Singapore. Part VI of the act criminalises the counterfeiting of a registered trademark, falsely applying a registered trademark to goods or services, and making or possessing an article used for counterfeiting.

14 May 2019

Procedures and strategies for anti-counterfeiting: Ukraine

No laws or regulations deal specifically with counterfeiting in Ukraine. Thus, this type of infringement is dealt with under the Trademark Law. Although that statute contains no definition of ‘counterfeit goods’, the relevant civil and criminal laws contain blanket provisions referring to the Trademark Law, particularly the definition of ‘use of a trademark’.

13 May 2019

“Time for our political leaders to get involved” – war of words escalates after UGG decision in favour of Deckers

A jury in the US has found that Australian Leather wilfully infringed a trademark registered to Deckers Outdoor Corporation. The defendant has vowed to appeal, with one member of its legal team calling on the Australian government to intervene.

13 May 2019

Brexit and the future of anti-counterfeiting collaboration

Brexit is a difficult road to travel and ensuring continued high levels of enforcement cooperation will prove difficult. Once the United Kingdom withdraws from the European Union, it will effectively become a third country that is unlikely to have direct access to many key databases. 

13 May 2019

Protecting your brand in the depths of the dark web

One of the main challenges in online brand protection is the fact that the threats come from multiple locations. But one area that is of particular concern to brands is the dark web.

13 May 2019

“Unusual and very risky” – warning to brands as Venezuelan IP office launches cash payments of fees

The Venezuelan IP Office has introduced a new payment method involving paying cash deposits at a specific bank branch. Experts describe the process as complicated and have warned of significant risks.

13 May 2019

Counterfeit automotive parts increasingly putting consumer safety at risk

The European Office of Intellectual Property (EUIPO) estimated that €2.2 billion is lost every year by the legitimate parts industry to counterfeit tyre sales and €180 million each year due to counterfeit battery sales. Yet this represents only one part of the problem, there are other automotive parts that are frequently counterfeited in huge volumes:

13 May 2019

Delhi High Court directs drug authorities to regulate misuse of similar brand names

The decision of the Delhi High Court in Curewell Drugs & Pharmaceuticals v Ridley Life Science creates a strict action plan from the moment that a drug and its packaging are created.