Gränsåtgärder mot varumärkesförfalskade varor
ImmaterialrättVarumärkesförfalskningIntrångTullagstiftningGränsåtgärderJuridical scienceRättsvetenskapJuridikLaw and Political Science
Infringement of intellectual property rights often causes significant economic damage. The problem with illegal activity concerning counterfeiting is constantly increasing. The development has lead to constitute an extensive international activity which is harmful for intellectual propery owners, consumers and the society in general. Competing products tend to be increasingly similar to each other, with rather similar marketing-, sales-, and pricingstrategies. As a result, the trademark strongly affects consumers? selection-process during purchase. Therefore, the actual value of a trademark is profitable to obtain through counterfeiting. Countefeiting means in simplified terms that someone intentionally and without authorization copies that which is protected by anothers exclusive intellectual property right. The copy is thereafter offered for sale as a genuine product at a lower price, enabled by lower production costs, distribution costs etc., to attract consumers. The problem is to a great extent of an international nature since the illegal trade in most cases occur through activities in several different countries. The Council Regulation (EC) No 1383/2003 of 22 july 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights, has meant that border measures can be taken to stop imports of counterfeited products and take such products into custody at the outer border of EU. The regulation has been considered as a powerful tool in the fight against counterfeiting and an effective line of action for intellectual property owners to protect their rights.