Topic: Anti-counterfeiting

The Italian government and Senate have approved the draft of a new bill (<i>Legge Finanziaria</i> 2004) that, among other things, aims to provide greater protection for intellectual property rights. The changes brought in by the bill include (i) the criminalization of the trade in products bearing false or misleading indications of origin, and (ii) the protection of the indication MADE IN ITALY as a trademark.

16 January 2004

In <i>Nokia Corporation v Mai</i>, the Federal Court of Australia has issued a summary judgment against the defendant, a seller of counterfeit accessories for Nokia mobile phones. The court found that a good-faith use of the NOKIA mark would have included special, non-ambiguous language, such as 'suitable for use with'.

02 December 2003

In a move to curb the manufacture and sale of counterfeit drugs, the Drugs Control Department of the National Territory of Delhi has announced that it will no longer approve drug manufacturing licences under a particular mark without the backing of a search report on that mark from the registrar of trademarks.

24 November 2003

US lingerie manufacturer V Secret Catalogue Inc has succeeded in stopping some Iranian traders from selling counterfeit goods bearing VICTORIA'S SECRET marks simply by issuing cease and desist letters. The case highlights that infringing activity in Iran can often be stopped quite easily by issuing such letters.

05 November 2003

In <i>Sony Computer Entertainment Australia Pty Ltd v Nguyen</i>, the Federal Court of Australia has issued an order restraining the defendants from infringing the plaintiff's registered trademarks, and from engaging in misleading and deceptive conduct. It also ordered the defendants to pay in the region of A$760,000 in damages and costs.

10 October 2003

The Brazilian Senate has approved the amendments proposed by Senator Demonstenes Torres to Bill 00011/2001, which will amend Industrial Property Law 9279/96. The bill will (i) increase the penalties for IP rights infringements and unfair competition violations, and (ii) allow the seizure and destruction of infringing goods and equipment used in their manufacture.

30 September 2003

A new division within the Royal Thai Customs has been created. It is hoped that the new body, known as the Investigation and Suppression of Intellectual Property Violations Division, will further help to stem the trade in counterfeit goods. The creation of this new division is part of a move to improve border and customs controls in Thailand.

29 September 2003

The European Council of Ministers has adopted a regulation that will give harmonized, simplified and lower-cost access to customs actions within the European Union for use in relation to goods suspected of infringing IP rights. The text, which will come into force on July 1 2004, will replace Council Regulation 3295/94.

23 September 2003

A case that is scheduled to reach the courts soon is expected to be groundbreaking as it will be the first time Malaysia's Trademark Law will be used against an online counterfeiter. The alleged counterfeiter's house was raided as a result of a tip-off by Louis Vuitton, which routinely conducts internet searches for the sale of fake merchandise.

23 July 2003

Two decisions issued by the Thai Intellectual Property and International Trade Court seem to signal a new regime of harsher punishment for convicted counterfeiters. The court has been the target of criticism, particularly from foreign commentators, suggesting that the sentences imposed on offenders have been too lenient and have done little to curb counterfeiting in Thailand.

11 July 2003