Practices / Counterfeit and Piracy

Counterfeit and Piracy

Counterfeit and piracy are estimated by the OECD to cost businesses billions of dollars every year: anything from between 2 to 5 per cent of total turnover. Counterfeiting and piracy permeate every commercial sector, from luxury items such as watches, through clothing and apparel, electrical equipment, household appliances, computers, software, CDs and DVDs, to medicines and medical devices. In the latter case, counterfeit goods can raise serious public health issues.

Our lawyers have wide experience of setting up border detention programs based on the EU Customs Regulation as well as the respective national laws. The Customs Regulation is an efficient tool for holders of intellectual property rights since it allows goods infringing intellectual property rights (trademarks, copyright, patents, SPC’s, plant variety rights, designations of origin and geographical indications) to be detained at the port of entry to the EU, and, if necessary, subsequently to be destroyed.

Our lawyers also have an established track record of strategies in order to gather and secure evidence in ex parte search and seizure actions before the national Courts, and conducting internal investigations to identify sources of product leakage and diversion within official distribution channels, to block unauthorised parallel trade and diversion of products.