It is estimated that counterfeit products account for 5% to 7% of world trade.
The WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) describes the role and responsibility for Customs Services in intellectual property right enforcement. Customs administrations can intervene to check goods suspected of being counterfeit or pirate as soon as they are under customs supervision.
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.