CRIMINAL AND CUSTOMS CASES
State borders are often key points for the protection of intellectual property rights or turning points in the abuse thereof.
If designer brand products, e.g. clothing, jewellery, watches, perfume, bags, gloves, scarves, films, software are offered at very low price, they may be copies of the original products and thus may comprise counterfeit, pirated or goods that violate intellectual property rights.
Counterfeit goods are manufactured either to be confusingly similar or identical to the original goods. These goods and their packaging are unlawfully labelled with a third party's registered trade mark and are manufactured without the consent of the respective trade mark proprietor. Therefore, in line with the community or specific state law the rights of the trade mark's proprietor are violated.
Pirated goods are or contain copies made without the consent of the holder of derivative rights or rights to an industrial design or utility model. Pirated goods usually include the products of third party intellectual efforts (e.g. DVDs, software, films), are often indistinguishable from the originals, and manufactured without the consent of the holder of intellectual property rights.
Other goods violating intellectual property rights: goods violating patents, additional protection rights, using third party names/geographical indications, protected plant variety/animal breed as well as any forms/matrices used to manufacture goods that violate third party intellectual rights.
We offer our Customers a wide range of services regarding criminal and customs cases:
legal advice and support in the following scope:
- protection at the border;
- protection against allegations of intellectual property rights violation;
drawing up requests for:
- protection at the border;
- resuming protection at the border;
- destruction of goods;
- disposal of goods in a manner other than through sales channels, using a method excluding the possibility of harming the holder of the right;
- undertaking, with regard to illegal goods, any other means to deprive specific persons of the opportunities to gain economic benefits from the transaction;
- adjudication of forfeiture for the benefit of the State Treasury;
- drawing up offence notifications and motions for prosecution, application for actions by the customs authorities;
- representing Customers before law enforcement and customs authorities;
- drawing up any pleadings and submitting motions for evidence;
- acting as an auxiliary prosecutor;
- representing the injured parties in infringement actions;
- cooperation with law enforcement and customs authorities in prosecuting the perpetrator;
- overseeing the procedure of destroying the detained goods;
- drawing up potential arrangements with the violators;
- handling civil and criminal proceedings related to intellectual property rights violation.