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Counterfeit Goods

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Lawdit Solicitors - Expert Author

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3 December 2009

By Riyaz Jariwalla

Counterfeit goods are defined in Article 1(2)of the Counterfeit and Pirated Goods Regulation, as:

goods, including the packaging thereof, bearing without authorisation a trademark identical to the trademark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such trade mark, and which thereby infringes the trademark-holders rights under Community law as provided for by Council Regulation (EC) No. 40/94 of December 20, 1993 on the Community trademark or the law of the Member Statein which the application for action by the customs authorities is made;

any trademark symbol (including a logo, label, sticker, brochure, instructions for use or a guarantee document bearing such a symbol), even if presented separately, on the same conditions as the goods referred to in point (i);

packaging materials bearing the trademarks of counterfeit goods, presented separately, on the same conditions as the goods referred to in point (i).

Therefore infringement under the 1994 Act or the CTM Regulation is necessary, but not sufficient, for goods sought to be seized under the European regime to be counterfeit.

In addition, the goods must bear the alleged infringing mark without authorisation, that mark must be identical to the registered mark or such that it cannot be distinguished in its essential aspects there from and it must be used on goods of the same type as those for which the complainants mark is registered.

Riyaz Jariwalla is a solicitor who specialises in intellectual property law and civil litigation.


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2009-12-08 18:05:18 in Legal Articles

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