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Trademarks / Trademark Law /Traditional Rights / Non-judicial redress

D. Non-judicial means of redress in foreign countries


There are some countries whose penal laws provide criminal remedies against infringing acts and counterfeiting. These should always be considered as a preferable alternative to civil action, since they are conducted by the local authorities at great cost savings to the trademark owner. However, many times local law enforcement personnel may be reluctant to take action in connection with intellectual property matters, or worse yet, may be corrupt or sympathetic to potential defendants who sometimes receive prior warning concerning proposed anti-counterfeiting raids.

Certain countries, whose number is growing as a result of the WTO Trade Related Aspects of Intellectual Property Rights obligations, also provide some measure of enforcement through customs authorities. However, with rare exceptions, foreign customs officials are not permitted to be as proactive as United States customs officials, as discussed above. Very often, countries will simply provide that customs may, pursuant to a court order obtained by a trademark owner, seize specifically identified shipments of suspected infringing or counterfeit goods.

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© Copyright 2001 Dennis S. Prahl - Posted July 2002
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