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Medical lawyer. Specializes in protecting the rights of doctors and patients, handling medical malpractice and liability cases, supporting disability determination and appeals procedures, and providing legal analysis of medical documentation.
Protection against counterfeiting
In the current conditions of the development of the intellectual property market, a set of measures to protect against counterfeiting is becoming increasingly relevant. Counterfeiting, in ordinary language, is a fake of some original intellectual property object. It misleads the consumer and is sold without the necessary permits, creating losses for the real right holder of the rights to the intellectual property object (trademark, industrial design, etc.).
What is considered counterfeit today?
Counterfeit products (counterfeit) are any goods that are manufactured in violation of intellectual property rights, illegally use someone else’s trademark, logo, design for the purpose of sale by misleading the consumer. According to Article 4 of the Customs Code of Ukraine, counterfeit also includes, in addition to the product itself, packaging, labels, as well as other objects that contain an illegally used trademark.
Important to know! Many people confuse counterfeit products with ordinary counterfeits. But here it is important to remember one thing: counterfeiting misleads the consumer only about the properties and qualities of the product, but it may not violate the rights of the trademark owner himself. Counterfeit, on the other hand, passes off the products of one manufacturer as the products of another.
How to quickly recognize counterfeit products?
Recognizing counterfeits is a painstaking process that involves the use of various measures. To make it easier, our counterfeit lawyer has highlighted the key signs of counterfeiting, which include:
- low price (compared to official brand points of sale);
- unofficial point of sale (or one that raises suspicions about belonging to brand stores);
- poor quality packaging;
- altered labeling on goods (logos that are very similar to the original, but with minor changes, are quite often used);
- lack of documents for the goods (for example, user manual, warranty card, quality certificate, etc.).
How can you protect yourself from counterfeiting?
Measures to protect against counterfeits on the market for the owner of the original product include a procedure for taking into account both legal and special actions. The first will include, firstly, registering a trademark or brand name (if not yet registered), secondly, entering information about the intellectual property object into the customs register, thirdly, conducting systematic monitoring of the market for the presence of “suspicious” manufacturers and goods (through an intellectual property lawyer).
Among the special measures that are usually carried out by individual specialists, one can single out:
- blockchain systems for tracking the product life cycle;
- QR codes and NFC tags, by scanning which the buyer can obtain complete information about the product and verify its authenticity (it is also advisable to report this on the brand’s website).
Customs control over the distribution of counterfeit products: what are the features?
The current Customs Code of Ukraine establishes a single mechanism for protecting owners of goods, which is designed to prevent the transportation of counterfeit products outside the state. Therefore, customs authorities have the right to suspend customs clearance of goods, notify the owner of the detection of counterfeit goods and impose other preventive measures on the violator. In addition, in accordance with Article 401-1 of this Code, if a small parcel is suspected of violating intellectual property rights, it can be immediately destroyed under a simplified procedure. However, for this, the consent of the owner of the brand whose goods were counterfeited is also required.
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How can a counterfeit lawyer help protect your intellectual property rights?
A lawyer specializing in protecting copyright holders from counterfeit products can be an indispensable assistant both in the fight against infringers and in further taking measures to avoid repeated infringement. The role of a lawyer at our company “Prikhodko & Partners” goes far beyond simple consultations, providing full support for the client’s case. Given the rich practical experience and qualifications, the lawyer can:
- first, help to correctly register a TM, patent or copyright (if necessary, and at the international level);
- second, prepare and submit documents for entering intellectual property objects into the customs register so that the customs authorities can take appropriate response measures;
- third, develop a comprehensive strategy that takes into account the specifics of the business, to take preventive measures to avoid the spread of counterfeit products;
- fourth, collect evidence of the infringement and file a lawsuit in court to hold the guilty party accountable under applicable national law;
- finally, file written claims with the distributor of the counterfeit product demanding that it cease production and pay compensation to the brand owner for lost profits.
Hiring a counterfeit lawyer is a high-quality protection for your business and business reputation. To find out the cost of his services, we recommend filling out the form below.
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