Counterfeit meaning

This Checklist covers the key considerations when formulating a strategy to combat counterfeiting and piracy. Use this Checklist together with Practice Note: Anti-counterfeiting and anti-piracy—strategy. Begin by evaluating how widespread the issue is. Consider who has been consulted: Internal teams close to the market, such as customer services dealing with consumer complaints External investigators gauging counterfeit prevalence across specific channels (online and in store) and carrying out test purchases Agencies including the Chartered Trading Standards Institute (‘Trading Standards’) and HMRC Internet service providers and website operators where targets largely trade online Be aware that staff or members of the public may spot fake goods in shops, market stalls, at events or while on holiday and may proactively alert the rights holder. Confirm whether the following key details have been established: Most affected territories Most affected products Health and safety concerns Degree of risk to consumers and brand value Principal perpetrators Any...

Qatar Investment and Project Developments Holding Co v Phoenix Ancient Art SA [2025] EWCA Civ 1300 What was the background? In this Court of Appeal matter, the respondents to the appeal (the claimants) applied, by way of an application, for security to cover their appeal costs. The appellants/defendants were Phoenix Ancient Art S.A., a Swiss company, together with Ali Aboutaam, a Swiss resident, and Hicham Aboutaam, resident in New York. The claimants had issued two separate claims against five defendants in total, of whom the first three were the present appellants: one action commenced in 2020 and a second in 2023 respectively. Each claim concerned the artefacts in issue, acquired and purchased from Phoenix, which the claimants alleged were counterfeit and inauthentic. The 2020 proceedings focused on a small chalcedony statuette depicting the goddess Nike. The 2023 proceedings concerned two further pieces, namely: a marble work titled the Head of Alexander the Great as Herakles, and a small chalcedony cameo described as the Phalera with an Imperial Eagle....

In this issue Designs Patents IP and technology Daily and weekly news alerts Dates for your diary Trackers Useful information Designs EU design reforms prompt a portfolio review. Law360 notes that in-house IP teams should start examining their organisations’ design portfolios in light of soon-to-arrive, strengthened European design reforms to future-proof their IP approach. See: EU design reforms signal its time to review portfolios. Court of Appeal rejects appeal in design conspiracy case (Iqbal v City of Wolverhampton Council). The challenge to conviction and sentence for conspiracies involving counterfeit goods and the unauthorised copying of a design under section 35ZA of the Registered Designs Act 1949 was dismissed. The defendants received 31 months’ imprisonment on each count, to run concurrently. The Court of Appeal upheld the Crown Court’s convictions and sentences. See: [2025] EWCA Crim 498. Patents Patents Court strikes out claim against the Comptroller (Ahmad v Comptroller General of Patents). The Patents Court...

In this issue: IP and technology Copyright & associated rights Trade marks/passing off General IP Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information IP and technology Commission opens call for evidence on EU Geo-blocking Regulation’s evaluation The European Commission is initiating a review of Regulation (EU) 2018/302 (the Geo-blocking Regulation), in place since December 2018. The exercise will examine whether the Regulation has met its goals of improving access to goods and services throughout the EU by tackling unjustified geo-blocking and discrimination linked to nationality, residence, or place of establishment. To support the evaluation process, a call for evidence has been launched seeking contributions from stakeholders. The period for feedback runs from 11 February 2025 to 11 March 2025. See: LNB News 11/02/2025 16... Commission publishes guidelines on AI system definition The European Commission has issued guidelines to help providers assess whether a software...

Practice Note Within the EU, medical devices are strictly overseen by legislation that manages safety and performance throughout the whole lifecycle and across the full product lifetime, spanning pre- to post-market stages. This Practice Note outlines the regime established by Directive 93/42/EEC on medical devices (MDD), Directive 90/385/EEC on active implantable medical devices (AIMDD), which applied until 25 May 2021, and Directive 98/79/EC on in vitro diagnostic medical devices (IVDD), which remained in force until 25 May 2022; collectively, the MD Directives. The MD Directives continue to matter for ‘legacy’ devices that were authorised under them for placement on the EEA market before the new rules started to apply. They will also persist as points of reference for several years for particular legacy devices, for differing durations, pursuant to transitional provisions. This Practice Note sets out how devices were categorised, subjected to conformity assessment, and affixed with the CE mark under the MD Directives. It further addresses advertising and promotion of medical devices, the issue of counterfeit medical devices,...

This Practice Note sets out the principal Irish legal and regulatory points a website operator should consider when running a site, such as: The type and functionality of the website Information disclosure requirements Consumer protection Privacy and data protection Cookies Accessibility Cybersecurity Platform-to-business Online payments Advertising, promotions and direct marketing Competition law Taxation Liability for third party content Intellectual property and respecting copyright Geographic and territorial considerations Consideration of electronic data interchange (EDI) arrangements, blockchain, smart contracts or sector-specific laws or regulations, including those applicable to financial services, intermediation services or online auctions, is outside the scope of this Practice Note. The type and functionality of the website Applicable compliance duties and rules differ according to a site’s nature, functionality or purpose. Pinpointing these characteristics is the crucial first step for an operator to establish its Irish legal and compliance obligations. For example, is the website ‘information only’;...

Consideration of electronic data interchange (EDI) frameworks, blockchain, smart contracts, or sector‑specific legislation or regulation, including regimes for financial services, intermediation services, or online auctions, falls outside the scope of this Practice Note. For a primer on EDI and smart contracts, see Practice Notes: Business to business e‑commerce—introduction and Smart legal contracts. For blockchain guidance, refer to Blockchain—overview and Practice Note: Blockchain—key legal and regulatory issues. The type and functionality of the website A website’s compliance obligations and the rules that apply will vary according to the kind of site in question and its intended functionality or aim and audience. As an initial step, the site operator should determine, early on, the nature of the proposed site and the planned extent of its functionality. For example, consider the following questions: will the site be an ‘information only’ destination? will it operate as a platform where third parties upload material or content or execute transactions? will it deliver a service? will it...

Precedent report This Precedent report serves to alert a client, or another area of the business, to anti‑counterfeiting issues and related matters. It may cover detentions by customs authorities pursuant to the simplified procedure set out in Assimilated Regulation (EU) 608/2013, and detentions by the Chartered Institute of Trading Standards (‘Trading Standards’) or the police, as well as other discoveries of counterfeit goods. Its aim is to simplify the process of obtaining instructions on whether any detained or discovered good is counterfeit. It is regularly employed to handle relatively low‑value, time‑sensitive detentions or discoveries in practice...

CASE: R v [ insert name of defendant ] STATEMENT OF: [ insert name of witness ] AGE OF WITNESS: Over 18 years OCCUPATION: [ insert job title of witness ] ADDRESS: [ insert address of witness ] This statement (comprising [ insert number ] pages, each bearing my signature) is, to the best of my knowledge and belief, accurate, and I acknowledge that, if presented as evidence, I may be subject to prosecution should I have wilfully included anything I know to be false or do not believe to be correct. Signature ………………………………………………………………. Dated [ insert date ] I am the [ insert position eg Head of Product Security ] for [ insert name of the Right holder ] (the Right holder ). I provide this witness statement from my own knowledge gained in managing this matter for the Right holder, from information supplied by colleagues, and from reviewing the Right holder’s files. I am authorised to provide this witness...