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Anticounterfeiting




What is counterfeiting?
Counterfeiting is the illegal production and sale of goods, including packaging, bearing without authorization a trademark which is identical to a validly registered trademark or which cannot be distinguished from such a trademark.


INTA's position
Governments at the national and international level must strengthen anticounterfeiting laws and enforcement, and cooperate more effectively to eliminate linkages between counterfeiting and organized crime and serious threats posed by counterfeiting to the health and safety of consumers, economies and national security.

INTA supports the development and passage of legislation, regulations, and trade agreements throughout the world that increase national and international enforcement mechanisms against counterfeiting. Through the organization’s Anticounterfeiting Committee (ACC) and partnerships with governments and committed associations, INTA emphasizes the importance of strong anticounterfeiting measures and increased awareness of the harms of counterfeiting. The ACC is a group of INTA member volunteers that evaluates treaties, laws, regulations, procedures and other enforcement mechanisms with respect to anticounterfeiting and enforcement; and advocates policies to advance protection against counterfeiting and infringement; provide anticounterfeiting and enforcement education.

Counterfeits on the Internet
The sale of counterfeit goods is a significant issue facing consumers, industry and governments. The Internet heightens the counterfeiting problem as counterfeiters find simplified means and additional channels in the virtual world to promote and sell counterfeits.

With its diverse membership, INTA supported the development of industry led voluntary measures for trademark owners and service providers to use in addressing counterfeits on the Internet. Members including American Express, Discover, eBay, Google, MasterCard, PayPal, Visa and Yahoo! participated in the working groups.

 Best Practices for Addressing the Sale of Counterfeits on the Internet

 Online Counterfeiting Issues and Enforcement in China

A Guide to Building an Intellectual Property Rights Coordination Center

 National IPR Center Paper

This paper has been produced for the International Trademark Association (INTA) to promote the establishment of Intellectual Property Rights (IPR) Centers at the federal level worldwide. INTA hired former Director of the United States National Intellectual Property Rights Coordination Center, Bruce M. Foucart, to draft this document to give interested national governments a step-by-step guide to establish a federal IPR Center using the U.S. example as a basis. The goal of the proposed office would be to establish a central coordination unit to fight against counterfeits, piracy, and other intellectual property crimes. Because of counterfeiting’s links to organized crime, money laundering, threats to public safety, etc., many agencies at the national level are looking at this type of crime in isolation without developing the expertise to tackle the complexities of the crime. The IPRC would be a singular unit of coordination between the different industries effected by these crimes, the governmental officials that work to stop it, and the targeted public. The office would also provide coordination between the different governmental offices at the national level and would facilitate coordination between national officials and other jurisdictions globally.

INTA Anticounterfeiting Committee (ACC)
This group of INTA member volunteers evaluates treaties, laws, regulations, procedures and other enforcement mechanisms with respect to anticounterfeiting and enforcement; and advocates policies to advance protection against counterfeiting and infringement; provide anticounterfeiting and enforcement education.

INTA Resources

 

 Member Resources

 
Fact Sheet
Counterfeiting

Free Trade Zones

China SME Toolkit

 INTA SME Anticounterfeiting Toolkit for Chinese Trademark.pdf (2016)
For any brand owner, entering a new market is challenging. Preparing to do business in the People’s Republic of China is especially challenging because of historically high levels of trademark counterfeiting. For Small to Medium Enterprises (SMEs), the task of assessing the legal risk of entering China can be especially daunting.

U.S. State Anticounterfeiting Resources 

 U S State Counterfeit Info Final.pdf (2016)


U.S. State Trademark and Unfair Competition Law

Updated March 2017

 

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