The counterfeiting phenomenon

Counterfeiting may be done in different ways (through advertising, production, commercialization, importing or using products or services protected by an industrial property title without the owner’s authorization). However the result is the same: a heavy economic and image damage, accentuated in recent years due to the diffusion of the phenomenon via Internet that may be avoided by adopting adequate measures. Such measures go beyond the registration or patents. The owner of an industrial property right may, for example, forbid others' use of a patent, trade mark or other industrial property title that is identical or similar to his own one, should there be a likelihood of confusion among consumers. In case of counterfeiting of trademark, patent or other industrial property title, the owner’s rights include the dispute out of court, the emergency measures obtainable from the competent courts to stop the unlawful behavior, actions aimed at recognition of the exclusive right and damages, as well as protection and customs supervision in the EU. Careful monitoring of the interested markets together with the use of the latest anti-counterfeiting techniques (labels or not reproducible marks, holograms, special identification codes, encrypted signs to verify the products authenticity - packaging - trademarks, electronic certification instruments and traceability of the origin, etc.), as well as a timely action in the competent court to protect own rights, may certainly contrast the counterfeiting phenomenon and reduce the risk to suffer a detrimental act of own industrial property rights.