PROTECTING AND DEFENDING AGAINST COUNTERFEITING
Interview with Gerard de Lucas
In recent times, the number of counterfeit products properly protected is increasing but the fight against these fraudulent activities does not seem to be slowing down and law enforcement actions are becoming more agile and effective.
We have discussed with our Head of the Legal Department, Gerard de Lucas, who has headed the defence of counterfeit products for the benefit of some of our clients, achieving highly satisfactory results to their interests, in order to clarify some questions raised by our clients.
What do I need for taking any kind of action? Having a trademark registration, a patent registration, a utility model registration or a design registration and having it correctly protected both in the interested territory and in the form and activity wanted to protect. We always recommend to address to the specialised professional, Patent and Trademark Attorney, to ensure that this registration be useful and according to real necessities, that it will be critical and essential for fighting against possible infringements by third parties.
How do I act if a third party is committing a fraudulent use of my registered product or service? If a client finds out that their products are being falsified, he must notify us immediately in order to jointly discuss the best option to take. It is important to make a good analysis first.
How does the Law Enforcement Authorities act? The Spanish Police has a division dedicated to the prevention and prosecution of criminal offenses of Intellectual and Industrial property, reporting to the UDEF, covering all Spanish territory. This division acts everywhere in Spain, but we also can address to the Guardia Civil, any Local Police o the Mossos d’Esquadra.
Which advantages derive from reporting? The criminal proceedings are fast and agile. The main objective is agreeing on the destruction of counterfeit products and awarding damages to persons injured by the infringement.
What happens if I do not report? Unfortunately, some companies have felt overwhelmed due to counterfeiting leading them to closing, because the original product loses value for the consumer.
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