The law defines counterfeit as a product or goods on which a sign identical or confusable with a trademark is put without the trademark owner’s consent. Unauthorized use of the protected sign includes also putting thereof on packages, etiquettes, leaflets, manuals, warranty cards of a product etc. regardless of whether these are submitted separately or together with the products. Unauthorized persons are not allowed to use also the protected designation of origin or geographical indication.

Unauthorized imitations such as copies of a product (or its parts) made without the consent by the owner of the copyright or the related rights or the rights to industrial design present a similar category.

Illegal conduct covers also manufacture of the protected technical solution, offering or use thereof for industrial or commercial purposes without the patent or utility model owner’s consent.

Infringement upon rights to industrial property can be dealt with in civil law proceeding (such as legal action with the Civil Court) or via public law institutions: Customs Office, Trade Inspection, Agriculture and Food Inspection Authority, Trade Licence Office; also the Police are authorized to intervene in this field. Wilful infringement upon rights to industrial property can be classified as crime and the offender can be imposed a prison, fine sentence or forfeiture.

If you have a suspicion of infringement upon your rights to industrial property, do not hesitate to contact us.

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Community Designs after BREXIT

At the end of the transition period (1 January 2021) Community Designs (RCDs), unregistered Community Designs (UCDs), will no longer be valid in the United Kingdom. These rights will be immediately and automatically replaced by UK rights. For pending RCD application on 1 January 2021, some other steps must be taken till 30.09.2021 in order get the UK Registration. More information here