Search results

Selected filters:

Enforcement and Litigation
Insight

Article type

Topic

Sector

Regions

Year

601 results found for your search

Sort options
14 May 2019

Procedures and strategies for anti-counterfeiting: France

When the EU Customs Regulation does not apply, rights holders can rely on the national provisions of the French IP Code. The French Customs Code will also apply to Customs and criminal procedures.

14 May 2019

Procedures and strategies for anti-counterfeiting: Panama

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. This means that even in-transit goods can be inspected and seized.

14 May 2019

Procedures and strategies for anti-counterfeiting: Saudi Arabia

The Saudi Arabian Ministry of Finance adopted border measures for the protection of trademarks and copyrights in 2004. According to government sources, the measures are in line with Section 4 Part III of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs).

14 May 2019

Procedures and strategies for anti-counterfeiting: South Africa

The Counterfeit Goods Act 37/1997 aims specifically to combat the trade in counterfeit goods. The act was implemented in conjunction with amendments to the Merchandise Marks Act 17/1941, which had hitherto been the principal weapon used to deal with counterfeit goods.

14 May 2019

Procedures and strategies for anti-counterfeiting: Thailand

Customs plays a pivotal role in intercepting incoming shipments of counterfeit and pirated goods en route to the Thai market. A special feature of the Customs Act BE 2560 (2017) gives customs officials the authority to intervene ex officio to detain and seize suspicious counterfeit and pirated goods. 

14 May 2019

Procedures and strategies for anti-counterfeiting: United States

Grey market goods do not qualify as counterfeit; therefore, distributors and sellers of grey market goods are not subject to criminal penalties. However, rights holders may have other claims against such distributors and sellers based on other intellectual property or contract laws.

14 May 2019

Procedures and strategies for anti-counterfeiting: Germany

For civil enforcement against counterfeiting, an application must be made to the ordinary courts. Preliminary ex parte measures play an important role, but are admissible only for some of the remedies available. Claims for damages, for example, can be enforced within substantive proceedings only.

14 May 2019

Procedures and strategies for anti-counterfeiting: Greece

Seizures and detentions of counterfeit goods took place in significant volume in Greece during 2018. Large seizures also took place involving goods in transit to neighbouring countries of the Balkan peninsula.

14 May 2019

Procedures and strategies for anti-counterfeiting: India

The Penal Code sets out punishments for cheating, counterfeiting and possession of instruments for making counterfeits, among other things. The code’s provisions can be invoked in criminal actions, in addition to the provisions of specific statutes.

14 May 2019

Procedures and strategies for anti-counterfeiting: Russia

Administrative proceedings start with the rights holder filing a petition with the police, based on which the police conduct a raid on the infringer’s premises and seize any discovered counterfeit goods. They then pass samples of these to the trademark owner (or its authorised local representative) so that it can confirm the origin of the counterfeit.

14 May 2019

Procedures and strategies for anti-counterfeiting: Turkey

According to Turkish legislation, it is possible to register IP rights (ie, trademarks, industrial designs, patents, utility models, copyrights, geographical indications, integrated circuit topographies and plant breeders’ rights) before Customs, as the crucial first step in the fight against counterfeiting.

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

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.