Robert Meyen
Lawyer
Specialist lawyer for intellectual property rights
brands media meyen
Breite Straße 22
41460 Neuss
Germany
Successfully combating product piracy and counterfeiting
Trust marken medien meyen to protect your most valuable products
The illegal trade in counterfeit high-quality branded products is booming. The United Nations estimates global sales of counterfeit goods, particularly luxury goods, at almost a quarter of a trillion euros. Platforms such as AliBaba.com facilitate access to counterfeits, even for small suppliers.
Our experienced lawyer for trademark and design law Robert Meyen and his team will develop a customized strategy for you to Prevention of brand piracy and to the Drainage of distribution channels.
Product piracy refers to illegal transactions in which imitations of legally protected original products are sold. This can involve both cheap counterfeits and deceptively genuine, high-quality imitations.
These counterfeit goods infringe trademark rights or competition law regulations. Product piracy extends across various sectors, from software and clothing to medicines and car parts. Even spare parts for machines and capital goods, including airplanes, are copied.
There are three types of copies:
Slavish forgery: The aim here is to copy the original exactly. The packaging and brand name are often identical. In the case of cosmetic or pharmaceutical products, even the ingredients can be identical.
Plagiarism: These bear a slightly different brand name, such as anagrams or visually similar variants. Some of these product names appear on slavish counterfeits and some on products that are not (or not at all) available from the original manufacturer.
Classic counterfeits: Identical packaging and the name of the manufacturer are used here. However, the ingredients or processing are often inferior or harmful to health.
Robert Meyen
Lawyer
Specialist lawyer for intellectual property rights
brands media meyen
Breite Straße 22
41460 Neuss
Germany
Customized anti-counterfeiting solutions for your company
Strategies for curbing product piracy
Not every anti-counterfeiting measure makes sense for every product. The first step is to identify which goods are causing the most damage to your company and which distribution channels are being used to sell counterfeit branded products in Germany and Europe.
It is then necessary to find economically viable solutions to uncover and combat these distribution channels. In most cases, a package consisting of border seizures, the involvement of Law enforcement authorities and the Civil proceedings.
We maintain a close-knit network of international correspondence lawyers who support us if necessary in the prosecution of counterfeit branded goods.
Measures to detect the import of counterfeits
In our experience, most counterfeit goods enter Europe from abroad, primarily from China and Thailand. Once we have identified which of your goods are particularly affected by product piracy, we send the customs authorities a comprehensive catalog of your industrial property rights, including trademarks, designs, patents, utility models and copyrights, as well as products that are protected by counterfeit protection under competition law, with a request for close monitoring.
As soon as suspicious products are found at customs, they are then seized by way of Border confiscation is determined. An automated report is sent to our law firm, which immediately initiates further measures.
These measures usually include a request to the recipient to Destruction of plagiarism to agree to the to bear the costs of destructionand often also a Warningto prevent future infringements.
Border confiscation of counterfeits
One of the most important measures to curb counterfeiting is border seizures.
Border seizure is a procedure used to prevent the importation of goods suspected of infringing intellectual property rights. Here is a general description of the procedure and how a lawyer can help:
Application for border seizureThe owner of intellectual property (trademark, patent, design, etc.) can submit a request for border seizure to the customs authority. This application should contain sufficient information to enable customs officials to identify the suspect goods.
Inspection and confiscationIf the customs authorities discover goods that they consider suspicious, they can seize them and inform the applicant.
Notification and responseThe applicant is informed of the seizure and then has a certain period of time (usually 10 working days) to confirm that the goods infringe his rights and whether he wishes the goods to be destroyed.
A lawyer can play a crucial role in this process. They can prepare and submit the application for border seizure, communicate with the customs authorities and advise the applicant on how to respond to a notification of seizure. We are happy to develop a standard process with you. In addition, the lawyer can also represent the applicant in any legal disputes.
Civil law measures in the event of product piracy
As Law firm specializing in intellectual property law we can carry out all measures provided by civil law. These include
WarningIf we become aware of the commercial importation of counterfeits, we will issue a warning to the importer on your behalf and demand removal, injunctive relief, information about the distribution channels and Compensation for damages. This also includes the replacement of our Legal costs.
InjunctionsIf a third party infringes your industrial property rights, we can file an injunction to stop the unlawful behavior.
Claims for damagesIf you have suffered financial damage due to the infringement of a third party's rights, the lawyer can file a claim for damages.
Interim injunctions: In urgent cases, we will apply for a temporary injunctionto obtain a provisional court decision that immediately stops the unlawful conduct.
Criminal prosecution of counterfeit branded goods
Intentional trademark infringements are Criminal offenseswhich are punishable under Sections 143, 143a and 144 MarkenG. The infringer faces up to five years in prison. The infringement of design protection rights is also punishable by up to five years in prison.
The criminal prosecution authorities are also otherwise useful helpers in the prosecution of product piracy. In addition to the intimidating effect of criminal prosecution, the public prosecutor's investigation files often provide valuable information about the perpetrators, the scope of the crime and provide important evidence for the civil proceedings.
Measures for the presentation of counterfeits at trade fairs
If counterfeits of your protected products are exhibited at a trade fair, our law firm can take various measures to defend your rights.
Here are some steps a lawyer can take in such situations:
Immediate Warning: We manufacture your Warning if necessary within a few hours and deliver them personally at the trade fair stand. If it is even more urgent, the Warning can also be pronounced verbally.
Interim injunctions: In the context of trade fairs, where counterfeit products are often presented, some courts have set up fast-track services where a counterfeit product can be presented within a few hours. temporary injunction can be obtained.
ConfiscationThe bailiffs also have special services which, if necessary, clear the stand the night before the trade fair begins and confiscate the infringing goods.
Attorney Robert Meyen and the law firm marken medien meyen are your contact #1 in the fight against counterfeiting
The law firm brands media meyen with Lawyer Robert Meyen, a specialist lawyer for intellectual property law, is the ideal choice for prosecuting trademark piracy for several reasons:
Specialization in intellectual property lawRobert Meyen is a specialist lawyer for intellectual property law. This specialization means that he has extensive knowledge and experience in this field, including the fight against trademark piracy.
Experience and expertisemarken medien meyen has a proven track record in enforcing trademark rights and combating product piracy. You can rely on their expertise and commitment.
Individual supportAt marken medien meyen, you will receive individual and personalized attention. You will work directly with Attorney Meyen, who understands your needs and goals and is committed to achieving them.
Comprehensive servicesIn addition to fighting trademark piracy, the firm also offers a range of other intellectual property services, including trademark applications, contract negotiations and much more.
With the law firm marken medien meyen and lawyer Robert Meyen at your side, you have a strong partner who will protect and enforce your trademark rights.
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