Recommendations for Additional Provisions INTA notes Article 20, which allows the importer/exporter to recover costs from the rights holder who files a request for suspension and who is not able to prove infringement. INTA recommends that an article is also included that would allow rights holders to recover costs from the importer/owner of the goods in situations where the infringement is confirmed. Additional provisions should incorporate penalties against the importer, exporter or owner of the goods for infringement as well as penalties for contempt of court. The draft regulation does not outline measures to be taken for the disposal of counterfeit goods, which often pose health and safety risks to consumers. Provisions should be added so that all counterfeit goods are compulsorily destroyed, definitively removed from channels of commerce, or disposed of with the rights holders’ consent where there is no health and safety risk. Where alleged counterfeits have been inspected by the official authority (ex-officio) of the Customs and Excise official based on a request of the owner / holder of right and have determined as such by the Customs, the regulation is silent on further steps, such as actions in court, which the rights holder can take to deal the counterfeits and/or the infringing importer / exporter. We believe these provisional steps should be added. Thank you for your consideration and attention to INTA’s comments and recommendations. If you have any questions, please feel free to contact me. We would welcome the opportunity to discuss further. Sincerely Candice Li INTA External Relations Manager - Anticounterfeiting ; +1-312-315-4142
Recommendations for Additional Provisions INTA notes Article 20, which allows the importer/exporter to recover costs from the rights holder who files a request for suspension and who is not able to prove infringement. INTA recommends that an article is also included that would allow rights holders to recover costs from the importer/owner of the goods in situations where the infringement is confirmed. Additional provisions should incorporate penalties against the importer, exporter or owner of the goods for infringement as well as penalties for contempt of court. The draft regulation does not outline measures to be taken for the disposal of counterfeit goods, which often pose health and safety risks to consumers. Provisions should be added so that all counterfeit goods are compulsorily destroyed, definitively removed from channels of commerce, or disposed of with the rights holders’ consent where there is no health and safety risk. Where alleged counterfeits have been inspected by the official authority (ex-officio) of the Customs and Excise official based on a request of the owner / holder of right and have determined as such by the Customs, the regulation is silent on further steps, such as actions in court, which the rights holder can take to deal the counterfeits and/or the infringing importer / exporter. We believe these provisional steps should be added. Thank you for your consideration and attention to INTA’s comments and recommendations. If you have any questions, please feel free to contact me. We would welcome the opportunity to discuss further. Sincerely Candice Li INTA External Relations Manager - Anticounterfeiting ; +1-312-315-4142