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Have you pirated the products of others?

Have you received an enquiry from the producer of the genuine article or this person's lawyer? Here are a few tips on what you should do:
  • Reply to the letter in writing before the time limit that has been set, and present your views on the case.
  • If you do not believe you have engaged in pirating, explain that this is the case. Perhaps it is a case of a product imitation or parallel importing instead?

The letter mentions an interim injunction. What is this?

An interim injunction is a temporary court ruling meaning that whoever is the object of the ruling must desist from or tolerate something pending the continued legal process and the final ruling.

An interim injunction is used when there is an urgent need to cause a state of affairs to be brought to a halt or implemented, and where waiting for a general legal process could destroy the outcome of the later ruling.

A party wanting an interim injunction must request this before the court. It must be substantiated to the court that there is a requirement and that there is some probability of a later win in the case.

An interim injunction can be used in many different types of case. An example of when an interim injunction is used in connection with pirated goods is if the owner of a trademark or other intellectual property rights receives notification from the customs authority that a consignment of goods that are suspected of being pirated has entered the country. The holder of the genuine trademark/rights can then petition the court for an interim injunction.

The court may then grant permission for the suspected goods not to be released to the person who has placed the order until the owner of the trademark has investigated whether the goods are really pirated.

If the rights holder (the owner of the trademark) had not been able to obtain an interim injunction from the court, the customs authorities would have had to release the goods to whoever placed the order. If the goods concerned are actually pirated, it would be difficult for the rights holder to investigate the case in more detail and halt distribution of the fake products if these had to be released immediately.

 

Last update: 30. March 2015