Counterfeit and pirated goods causes serious damages to the Copyright and Intellectual Property rights holders endangering the health and safety of consumers. Copyright and industrial property rights holders need efficient solutions to crack down on piracy and prevent counterfeit and pirated goods from getting to the market both at home and within the EU.

Our firm's involvement in this matter has a threefold objective:

  • If possible, stopping piracy in the countries of origin. Depending on the goods, there are countries currently specialising in pirating third-party industrial property rights and copyright, and actions can be taken at source in some, though not all, of those countries.
  • Seizing the pirated goods before they enter our country, taking the customs actions referred in to a separate section.
  • If, regrettably, the first two hurdles are cleared, taking all necessary action with the police and in court in order to destroy the counterfeits and obtain the relevant compensation.

EUROPEAN SERVICE FOR QUASHING PIRACY AT CUSTOMS

The European Commission adopted Council Regulation 1383/2003 as the Member States' legal framework for joint action. This Regulation lays down a legal procedure through which holders of rights in and to pirated goods may successfully seize and subsequently destroy such goods in record time.

Customs action was heretofore taken independently in each country by the affected party or by his or her advisers.

A coalition of experts named CAPIP has just been set up with major law firms specialising in intellectual property areas, allowing them to take action in the 28 EU member countries and also in Switzerland and Norway.

HERRERO & ASOCIADOS is the Spanish representative and a member of that Coalition and clients may therefore use our firm to benefit from a comprehensive legal service with unified and also competitive professional fees in all EU member countries, and Switzerland and Norway.

This comprehensive service includes, inter alia, the following:

  • Request for immediate action submitted to the customs authorities.
  • Serving notice on infringers demanding that they discontinue their practices and consent to having the pirated goods destroyed.
  • Coordinating with the customs authorities in destroying such goods.
  • Coordinating information on international traffic in such goods.
  • Bringing civil and criminal actions to enforce clients' rights.
  • Legal services relating to parallel imports.

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