Cleaning up the market - action against IP infringement

If a company is setting up the booth at a trade show and suddenly recognizes in a nearby display case a product that looks similar to the own or uses similar trade names, there's no need to bury the head in the sand and ignore the problem, recommends the 24IP Law Group. This requires, however, that the company has taken precautions by registering the intellectual property rights!

Even on the opening day of the trade show, one can still try and obtain a court decision using a fast-track procedure. Once you get the decision, it is possible to arrange for the infringing products to be removed. It's really easy with trademarks and design rights. The enforcement of patent rights using the fast-track procedure is more difficult since the infringement must be clear. For this reason, even patented products should be marked with a registered trademark. The shape and form of the product can be protected with an inexpensive design registration.

Companies do not have to wait before they see such products. An application for seizure of the import of infringing products can be made with the customs authorities. Such applications should also include information about how to distinguish genuine products from counterfeit ones. This could be distinguishing features, but also details of exclusive distribution channels or ports of entry into the EU or other countries. The customs authorities will then act on the request by themselves and without any additional costs. Should dubious products be discovered, the customs office will send details and the applicant may within 14 days (in Europe) decide on to how to deal with the goods. It's possible to clean up counterfeit products from the marketplace on the basis of property rights before they swamp it.

Contact: Dr. Sebastian Tegethoff / Dr. Robert Harrison, 24IP Law Group Sonnenberg Fortmann
tegethoff@24ip.com  harrison@24ip.com