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LimeGreenIP News

Tag Archives: anti-counterfeiting

UK Supreme Court case: criminal sanctions for trade mark infringement

R v M; R v C and R v T The Supreme Court has held that the criminal sanctions under section 92(1) of the Trade Marks Act 1994 (“the Act”) will apply to the sale or so called “grey” market goods as well as counterfeit goods. The Supreme Court’s judgment, handed down last week, is

3D Printing: Are you 3DP Ready?

3D printing has already been around for decades and has disrupted certain industries, such as hearing aids. One likely impact is an increase in IP infringement, with Gartner predicting that this could reach $100 billion a year by 2018. Now that a number of key patents have expired, 3D printers are becoming cheaper and offer

Combatting illegal pharma trade – IP enforcement brochure

We are delighted to announce the launch of our Combatting illegal pharma trade enforcement guide. This publication is a pharmaceutical industry-specific brochure which complements our suite of brand and trademark protection and enforcement guides (Integrated IP Enforcement in Europe and Global Brand Protection). This guide analyses the challenges facing the pharmaceutical industry with a focus on the international black market on one

China: piercing the corporate veil in IP infringement cases?

In China, the legal personality of limited companies generally protects shareholders and legal representatives (i.e. the Chinese equivalent of a managing director) from debts entered into, or liabilities imposed on a company. This principle is also known as the “corporate veil”. However, in a recent trademark infringement case, the Jiangsu Higher People’s Court held that

Good catch! EU customs increases number of counterfeits stopped at outer borders in 2015

The freshly released report of the European Commission on EU customs enforcement of intellectual property rights in 2015 is testament to the high effectiveness of applications for customs action in the European Union as it shows a remarkable 15% rise in numbers of detained counterfeits compared to 2014 and a four year high. Key Figures

US: New DTSA seizure remedy may be difficult to obtain

The new ex-parte seizure remedy created by the Defend Trade Secrets Act contains many hurdles that may prove highly difficult for trade secret owners to clear. Given that the DTSA does not preempt state trade secret law, trade secret owners may fare better petitioning state courts for an ex parte writs of possession or attachment

WIPO – UDRP: Monumental win for Moncler

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a luxury fashion sportswear company obtained the transfer of 50 domain names incorporating its trade mark, which were being used to point to websites either offering counterfeit products for sale or containing pay-per-click links to

China: e-commerce sales targeted in SAIC’s “red shield net sword” campaign

As reported previously, China’s State Administration for Industry and Commerce (“SAIC”) pulled through its annual online piracy crackdown campaign – called the “red shield net sword” campaign – from July to November 2015. The campaign aimed at curbing online sales of counterfeit and sub-par goods and mainly targeted infringements on e-commerce platforms. According to a

Japan: Recoverable damages for counterfeiting increased

As a party to the Trans-Pacific Partnership, the Japanese government will revise its Trademark Act to raise limits on civil damages for trademark infringement.  The increase in compensation for damages incurred through counterfeiting will apply in particular to famous brands. This will be useful for famous brand owners to take more effective action against counterfeiters

China: Moncler carries the day and takes home a whopping 3 million RMB in statutory damages

Moncler, a Franco-Italian fashion brand famous for its shiny, fluffy winter coats, has recently achieved a significant victory before the Beijing IP Court. Moncler is in fact the first claimant to obtain the increased maximum statutory damages of RMB 3 million (approximately US$ 470,000) since the new Trademark Law came into force in May 2014

7 things you should know about IP protection by Chinese Customs

The General Administration of Customs of China (the “GACC”) has recently released its annual Report on the Situation of IP Protection, which contains valuable statistics on how the GACC has tried to stop the vast flow of counterfeit goods into and out of China in 2014. These annual reports are a valuable resource for IPR

Hong Kong Customs steps up efforts against counterfeit cosmetics

In a recent interview, the Hong Kong Customs & Excise Department explained the efforts that Customs has taken to tackle counterfeit cosmetics in the Hong Kong market and urged IP right owners to record their IP rights with Customs to facilitate such anti-counterfeiting efforts. Customs officers in particular mentioned the success that Customs recently had

Dubai, UAE – Re-export of counterfeit products to cease

A highly contentious practice of Dubai Customs over the past few years has been the re-export of counterfeit products seized by Customs. We have learnt in a discussion with the director of the IPR Department at Dubai Customs that this practice will be discontinued in the coming months. Although brand owners have complained about the

China: CFDA’s First Circular in 2015 Opens a Route of Evidence Collection for IP Cases Involving Pharmaceutical Products

Anyone with experience in China knows that, due to lack of discovery, the challenge of obtaining evidence can be a significant deterrence to bringing patent infringement and anti-counterfeiting lawsuits in China.  The recently-promulgated Circular on Issues Relating to Comprehensive Implementation of Electronic Supervision and Administration for Drug Production and Distribution Enterprises (the “Circular“) may give