BETTER BORDERS
small number of counterfeit products arrives at a port/airport.
As yet, the proposed regulation does not contain a definition of ‘small consignments’ so the exact impact this will have is difficult to assess. Te proposed regulation does not apply to goods carried by passengers in their personal luggage as long as these goods are for their own personal use and there are no indications that commercial traffic is involved, although in the view of many this derogation cuts against the widely acknowledged need to make the public more aware that buying counterfeits is far from being a victimless crime.
Rights holders are concerned that they will not be informed of the number of counterfeit goods seized and not provided with infringers’ details. Tis information assists in identifying other consignments and patterns, and helps in evaluating the effectiveness of anti-counterfeiting programmes. It is hoped that this proposal is altered prior to enactment.
Information use
Organisations responsible for counterfeiting and piracy activities are undoubtedly becoming more sophisticated. In turn, the need for rights
“ONE OF THE MAIN CRITICISMS OF THE CURRENT REGULATION IS THE LIMITED USE THE RIGHTS HOLDER CAN MAKE OF THE INFORMATION RELATING TO THE COUNTERFEIT/ PIRATE ACTIVITY. BUT THE PROPOSED REGULATION ADOPTS A SIMILAR APPROACH…”
holders to do likewise is paramount if they are going to confidently and successfully tackle this problem. One of the main criticisms of the current regulation is the limited use the
rights holder can make of the information relating to the counterfeit/pirate activity. But the proposed regulation adopts a similar approach, namely allowing the disclosure of information provided by customs (which could be the name and address of the consignee, consignor, the declarant or holder of the goods and the origin and provenance of the suspected goods) only for determining whether the goods are counterfeit/ pirate and for commencing proceedings in relation to that consignment.
Neither regulation allows sharing this information with other rights holders for the purpose of tracking routes or establishing patterns used by counterfeiters. Tis ability would be incredibly valuable to rights holders and industry groups and could lead to successfully prosecuting organisations further up the supply chain. It should be that when goods are confirmed to be counterfeit, restrictions on use of the information are liſted.
Transit and costs
Two of the hottest issues regarding customs enforcement are whether IP rights holders should bear customs’ destruction and storage costs if the infringer cannot be found, and
Established in 1976, the firm has grown to become one of the Philippines’ prominent and leading IP law firms.
Its excellent service is made possible by the reservoir of experience and expertise in both law and sciences of its Managing Partner, lawyers, and paralegals, with the able support of an equally well-trained and competent staff. Many of its clients are among the biggest companies in the world such as Nestle, Toyota, Alcon, Microsoft, Yamaha, Cadbury, Toshiba, etc.
The firm is the Winner of the 2010 Asia IP Awards for Trademarks and Nominee (one of the top five firms) for Patents.
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Intellectual Property: registration, enforcement and licensing Corporate
Tax Immigration Maritime Labor Energy Environmental Laws 60 World Intellectual Property Review November/December 2011
www.worldipreview.com
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