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Background
In 1997, counterfeits accounted for 5%
to 7% of world trade (i.e. approx. €250 billion per year).
EU customs statistics for 2000 confirm that 68 million pirate and
counterfeit articles were seized at borders, an increase of 168%
compared with 1999.
The Agreement on Trade Related Aspects
of Intellectual Property Rights (TRIPS) describes the future role
and responsibility for Customs Services in intellectual property
right enforcement. Customs administrations can now intervene to
check goods suspected of being counterfeit or pirate as soon as
they are under customs supervision.
How can we help?
Trademark owners
of rights can ask Customs to intervene
when suspect goods are under customs
control. The goods can be held for
a limited time while the owners of the
intellectual property right or
trade mark can take the question to the national
courts under national law to seek
redress. We can assist clients by advising
on the process to be followed; and
completing and lodging applications to intercept
counterfeit and pirated products. Furthermore, using
consistency and probability controls
we can help Customs to perform their
checks in a more efficient manner,
thereby improving the chances
of a seizure.
Because the regulations
have a global foundation (as a result of TRIPS), we can provide a joined-up
global approach in both the exporting
and importing countries.
We welcome
opportunities to work with intellectual
property lawyers.
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