CRIMINAL LIABILITY FOR INFRINGEMENTS OF WELL-KNOWN TRADEMARKS RIGHTS: THE DEMAND AND POSSIBILITIES (original) (raw)

Responsibility for Illegal Use of Trademarks: International and Interstate Aspects

International Journal of Criminology and Sociology, 2020

A trademark is a widespread means of product individualization, which allows you to draw attention to the product, its manufacturer, or the seller. In fact, Goods, works, service individualization tools in the Russian Federation are the outcome of mental activity. Trademark registration makes it possible to form an easily recognizable brand and use it in order to sell it successfully among similar products. A manufacturer, promoting his product on the market, spends money on advertising, and increases the attractiveness of his products. Unscrupulous entrepreneurs are very tempted to produce goods using a famous brand, without corresponding costs, and without keeping a high quality of his goods. This article discusses the international and domestic aspects of accountability for the illegal usage of a trademark and provides recommendations for R.F. criminal law improvement. Moreover, Several investigation methods are utilized in the survey, including statistical, systematic and structural, historical and legal, formal and logical, specific sociological, as well as comparative law.

Trademark counterfeiting : comparative legal analysis on enforcement within Malaysia and the United Kingdom and at their borders

2012

Trademarks play an important role in conveying reliable information to consumers about the quality of goods and the manufacturer's reputation. Counterfeiting can destroy these important benefits. Despite difficulty in quantifying its scope and effects, many studies recognise the global prevalence of counterfeiting. Its invasion across product categories harms legitimate producers, economies and society. While there are many contributing factors to its proliferation, the only real area where a government can make a difference is in setting up a responsive legal system that includes good enforcement against counterfeiting. This study aims to address that need by examining comparatively how the relevant intellectual property laws can be used as effective enforcement mechanisms in Malaysia and the UK. The importance and, effectiveness of and key obstacles in judicial proceedings and border measures in both countries are examined and analyzed, using a combination of comparative, doctrinal and socio-legal research. The data used derives from relevant legislation, case law, legal literature and public domain statistics. These sources are supplemented and corroborated by interviews with key figures (official, judicial, practitioner) in Malaysia and Europe. This study draws the following conclusions: (1) Civil proceedings in both countries are comprehensive but the responsible authorities need to review litigation costs to ensure the effectiveness of civil remedies. Malaysia should explicitly provide for remedies in its Trade Marks Act 1976. (2) In criminal actions, forfeiture of assets obtained through counterfeiting activities could be the most effective form of punishment and deterrence, coupled with the use of officers experienced in handling prosecutions. (3) Compared to judicial proceedings, border measures could be the most effective mechanisms in preventing the proliferation of counterfeit goods, but close cooperation and effective communication between rights-holders and customs authorities are crucial in this regard. ii ACKNOWLEDGEMENTS In the name of God, Most Gracious, Most Merciful. All praises to the Almighty, for giving me the strength and determination to complete this study. It is a great pleasure for me to express my utmost gratitude for the contributions and help of many people, whose assistance made this thesis possible. First and foremost, I would like to express my sincere gratitude and deepest appreciation to my supervisor, Professor Alison Firth, for her tireless help, advice, guidance, patience and wisdom, invaluable comments and criticisms, encouragement and her personal support throughout the course of my Phd. Her positive attitude and constant supports for guiding, reviewing and commenting my work have made this thesis possible. It has been a real privilege and honour for me to have her as my supervisor. Thank you also for giving me the opportunity to get involved in academic and professional discussions, in particular the AIPPI and Ius Commune, which have provided a good understanding and basis for this study.

The Criminal Policy of Trademarks and Omnibus Law for Intellectual Property Rights

Lambung Mangkurat Law Journal, 2020

From the Global Intellectual Property Center (GIPC) survey, Indonesia still considered weak in protecting intellectual property. Then the political direction of law began to look at the concept of the omnibus law to promote the ease of doing business (EoDB). Therefore, the purpose of this study is to analyze first, the legal protection issues of famous brand holders in Act No. 20/2016 through political instruments and criminal law policies. Secondly, the concept of the omnibus law as ius constituendum of the Act Related to Indonesian Intellectual Property in the political perspective of criminal law. The normative method was chosen because of the object of the study on the principles of law, theories, and doctrines of jurisprudence. The results of this study show that although Indonesia's IPR index score increased in 2019, it's global ranking declined. This means that despite increases in scores, Indonesia's IPR enforcement tends to be stagnant when compared to other cou...

International Trademark Registration Through Madrid Protocol as a Solution for Trademark Protection from Indonesia

Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022), 2023

Nowadays, globalisation has resulted in goods, services, labour, and capital flowing freely between countries in the world. Indonesia itself is not an exception for this global phenomenon. The free flow of trade from and out of Indonesia makes products from Indonesia are vulnerable to being imitated if they are not protected, especially protection for their trademarks. Not only trademarks from Indonesia have to be protected within the country, but they also need to get protection abroad. Efforts to protect trademarks from Indonesia can be carried out through a registration mechanism per country or internationally. This article attempts to explain that international registration can be effectively carried out through Madrid Protocol, which provides a centralized trademark registration in World Intellectual Property Organization (WIPO), instead of registering the trademark in the respective countries where the goods or services is intended to be traded. International trademark registration through Madrid Protocol facilitates trademark owners to obtain protection for their trademarks in all the countries who is a participant of the Madrid Protocol, through single registration which can be done from the country of origin.

The Protection of Trademark Rights Against Passing Off Related to Consumer Protection

Seword Fresh, 2019

The protection of Intellectual Property Rights is a law enforcement national agenda that is closely related to the international agreement. Indonesia has ratified the WTO and TRIPs, as a consequence, Indonesia must subject to the globalization principles as stipulated in the world agreement and harmonize the provisions of IPR law under the TRIPs Agreement. This paper analyzes the trademark legal protection related to TRIPS ratification of fraudulent acts committed by businesses through passing off as a form of consumer protection. Protection to every right arising from human creativity in commerce and the rapid growth of electronic commerce transactions are increasing along with the rapid pace of people performing imitation/reputation riding of others (passing off). Research method used is normative juridical with descriptive analysis. The study found that Indonesia must prevent any infringement of IPR including the entry of counterfeit and imitation goods primarily within the framework of consumer protection.

Article ID: IJM_11_07_082 Pavlo Slobodianiuk and Serhii Drobotov, Special Criminological Principles of Crime Prevention in the Field of Intellectual Property

The purpose of this article is to study and systematize the provisions on special criminological principles of crime prevention in the field of intellectual property. The study used general and special methods of legal science. The method of analysis and synthesis was used to conduct a complete and comprehensive study of the criminological characteristics of crime in the field of intellectual property. The logical-semantic method was used to study the current legislation governing the prevention of this type of crime, to establish the meaning of basic concepts and analysis of the main manifestations of crime in the field of intellectual property. The comparative method was used to study the deterministic complex of crime in the field Special Criminological Principles of Crime Prevention in the Field of Intellectual Property http://www.iaeme.com/IJM/index.asp 939 editor@iaeme.com of intellectual property and the system of prevention of this phenomenon. The method of legal modeling is used to compare the provisions of the legislation of Ukraine with the relevant provisions of the legislation of other states and international legal acts. Based on the results of the study, the authors state that at the special criminological level of crime prevention, the legal response to criminal offenses in the field of intellectual property almost always occurs simultaneously, without separating from each other, according to the algorithm: preventing and responding. At the same time, the response to criminal offenses in the field of intellectual property is mainly directed not at the actual committed, but at potentially possible criminal offenses. The authors argue that a necessary condition for the effective protection of intellectual property rights is the creation of a single platform for all bodies involved in the protection of intellectual property rights, which will operate in a closed mode. International experience shows that alternative dispute resolution such as arbitration and mediation, have a number of advantages over litigation: discretion, confidentiality and speed of dispute resolution. The authors conclude that in order to improve the mechanism of special criminological counteraction to intellectual property crime, it is necessary to modernize the national intellectual property system: improving the legal framework, improving the institutional framework and infrastructure, and conducting comprehensive educational work with users of this system. The article proves that an important element of improving the special criminological mechanism for the prevention of intellectual property crime is the IP specialization of a judge, which becomes the main prerequisite for obtaining a quality, properly motivated court decision.

AN IN-DEPTH ANALYSIS OF INTERNATIONAL COMMERCIAL CRIMES

Institute of Legal Education https://iledu.in , 2024

International commerce becomes indispensable in today's competing international market. On the other hand, international commercial crimes such as smuggling, fraud, fake documents, trade boycott, policy backing, and economic espionage and the favor of the techniques and means of the settlement are becoming unexpected, avant-garde, and hard to detect and resist. The theft of the international commercial sector is estimated to amount to one million in the world every day. The 5% coefficient of the agreement among the international trades can successfully refer to those of the commercial fraud and the commercial espionage. The smooching value estimated at 1 or 2% of the overall trade on a tariff rates is the ground confirmed by one of the current literations. Among the worst strong forces where binaries are rampant, approximately 3 or 5% are involved in the payment of it. Companies must be equipped with the wide knowledge of the trends and the probable styles of the commercial crimes as stated above, without adequate prevention of threats and exposure, in accordance with the provisions of the objectives of the Crimes and Punishment against the provisions of the Judiciary Administrative Process. Keywords: International, Commercial Crimes, Crimes, Administrative Process