Industrial property protection and combating counterfeit and pirated goods and parallel imports

We have extensive experience in protecting and enforcing intellectual property rights, both in combating counterfeit and pirate goods, and in providing protection against parallel imports from third countries. Working closely with the client and in accordance with client needs, our specialised team of experienced lawyers are ready at all times to propose specific steps to provide the client with full support in combating undesirable conduct in relation to their brands. In this context, we provide the following services in particular:

  • active monitoring of the market, particularly marketplaces and stalls, retail chains and other shops, at the request of the client, or as part of a proactive prevention strategy
  • active monitoring of the Internet in cooperation with the Internet Crime Department of the customs administration
  • detention of counterfeit and pirated goods in all stages of sale or distribution, in collaboration with Customs authorities
  • filing applications for measures in the domestic market
  • filing applications for measures relating to imports of goods into the EU
  • destruction of counterfeit and pirated goods via customs administration which is recorded in a report and photographs are taken
  • obtaining information from infringers, including, without limitation, information about previously sold and imported goods
  • sending qualified requests (letters before action) demanding that infringers cease and desist from engaging in unlawful conduct
  • bringing actions and seeking preliminary rulings to limit any potential possibility of further dealing with the goods, including ascertaining the facts in collaboration with a third party, e.g., a notary
  • entering into agreements with infringers, or obtaining the infringer’s consent to the destruction of goods
  • preparing expert assessments for the administrative authority, and contacting persons infringing industrial property rights
  • advising on the filing of criminal information and the prosecution of persons infringing on industrial property rights or trade mark rights
  • assisting the Police of the Czech Republic in the prosecution of persons infringing on industrial rights or trade mark rights, including entering into agreements for damages 

Our office has long-term relationships with both the Customs authorities and the Czech Trade Inspection Authority. Both in respect of import of counterfeit goods and during inspections in the internal market, we work closely with relevant authorities or members of mobile supervision teams who monitor infringements of industrial property rights directly in the field. A specialised team also works with the General Directorate of Customs and its legal department, as well as with the Internet Crime Department of the customs administration that monitors the Internet for goods infringing industrial rights. We also organise regular training for the inspection authorities.

 

 
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