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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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