BREAKING NEWS
New Rules Allow Customs to Seize Counterfeit Products at Frankfurt Auto ShowFRANKFURT, Germany (Sept. 25, 2007) - A mobile customs group having special powers was employed for the first time at the recent International Motor Show (IAA) in Frankfurt. The mobile customs unit had been requested especially for checking exhibitors from non-EU countries, an action taken in response to the furor over the market damage caused by illegal imitations from the Far East. On the second press day, scheduled before the trade days and the public days, a group of European customs officers, accompanied by two patent attorneys, cleared one Chinese exhibitor's newly set-up trade fair stand. The authorities seized counterfeits of windscreen wipers and packagings, which they suspect infringe patents held by a French automotive supplier. "Besides the known procedures under civil law, companies at trade fairs now have a straightforward, very effective instrument against suppliers of counterfeit products at their disposal," noted Jurgen Strass and Bernhard Fuchs of the Munich law firm Prinz & Partner GbR, who represent the French company. The two patent attorneys pointed out that new, simplified rules of procedure introduced especially for European trade fairs allowed the seizure, so as to preserve evidence for criminal proceedings. These new procedures are still largely unknown among patent owners, as well as exhibitors. In contrast to clearly apparent imitations of known branded products, an infringement of technical property rights (patents and utility models) cannot be assessed without the relevant technical knowledge. Therefore, customs authorities increasingly depend on the assistance of the injured companies and their patent attorneys. In response to specific clues given by the property rights owner, the customs' mobile control group will inspect the stands of any suspect exhibitors. Upon affirmation by the technically and legally qualified attorneys on the spot, the property rights infringing goods will be seized then and there. Criminal proceedings will be instituted against the responsible persons. (Source: Prinz & Partner GbR)
New Rules Allow Customs to Seize Counterfeit Products at Frankfurt Auto ShowFRANKFURT, Germany (Sept. 25, 2007) - A mobile customs group having special powers was employed for the first time at the recent International Motor Show (IAA) in Frankfurt. The mobile customs unit had been requested especially for checking exhibitors from non-EU countries, an action taken in response to the furor over the market damage caused by illegal imitations from the Far East. On the second press day, scheduled before the trade days and the public days, a group of European customs officers, accompanied by two patent attorneys, cleared one Chinese exhibitor's newly set-up trade fair stand. The authorities seized counterfeits of windscreen wipers and packagings, which they suspect infringe patents held by a French automotive supplier. "Besides the known procedures under civil law, companies at trade fairs now have a straightforward, very effective instrument against suppliers of counterfeit products at their disposal," noted Jurgen Strass and Bernhard Fuchs of the Munich law firm Prinz & Partner GbR, who represent the French company. The two patent attorneys pointed out that new, simplified rules of procedure introduced especially for European trade fairs allowed the seizure, so as to preserve evidence for criminal proceedings. These new procedures are still largely unknown among patent owners, as well as exhibitors. In contrast to clearly apparent imitations of known branded products, an infringement of technical property rights (patents and utility models) cannot be assessed without the relevant technical knowledge. Therefore, customs authorities increasingly depend on the assistance of the injured companies and their patent attorneys. In response to specific clues given by the property rights owner, the customs' mobile control group will inspect the stands of any suspect exhibitors. Upon affirmation by the technically and legally qualified attorneys on the spot, the property rights infringing goods will be seized then and there. Criminal proceedings will be instituted against the responsible persons. (Source: Prinz & Partner GbR)
