News

Back

TLG’s Latest Raids

22-10-2020

UAE

Confiscation of thousands of infringing garments in Ajman

Together with Ajman Authorities, TLG IP Team has conducted a successful raid action against a warehouse that was ascertained to be storing important stocks of counterfeit garments of famous brands.

The counterfeiter avowed to be a supplier in the local market along with being an exporter of the same infringing goods to neighboring countries.

Following the confiscation of the counterfeit merchandise, the warehouse was sealed by the authorities. The forfeited infringing goods were stored and consigned to destruction.
 

EGYPT 

Raid action against a factory and a warehouse dealing with fake apparel

Important quantities of fake sportswear goods were confiscated in the course of a raid action conducted against a factory and a warehouse in Egypt.

The authorities charged the offender with violating the following laws and decrees:

  • Decree No. 113 of 1994 on the unknown-Source of goods.
  • Law No. 82 of 2002 on the Protection of Intellectual Property Rights.

Counterfeit auto parts seized

TLG IP Team carried out a raid action against a warehouse that was storing large quantities of different auto parts of a renowned brand. The authorities charged the infringer with the following laws and decrees: 

  • Law No. 359 of 1956 on the Industrial and Trade Facility.
  • Law No. 82 of 2002 on the Protection of Intellectual Property Rights.
  • Decree No. 113 of 1994 on the unknown-Source of goods.

The Law:

The main source of IP laws is Law 82 for the Year 2002 (Law 82/2002). Law 82/2002 replaced a collection of laws dating back to 1939 with a comprehensive intellectual property code as part of an effort to bring Egypt into compliance with its obligations under different international agreements. The new code addresses patents, integrated circuit designs, undisclosed information, trademarks, geographical indications, trade statements, industrial designs, copyright and related rights, and plant variety protection.

Any infringement or unauthorized use of a registered trademark is punishable under the provisions of the current Trademark Law.

General IP Rights Enforcement Issues:

An aggrieved party may pursue both criminal and civil actions against an IP infringer. All IP Rights recognized in Egypt are subject to criminal penalties including fines and/or imprisonment with increased fees and mandatory or longer imprisonment sentences for repeat offenders.

Criminal action against infringers:

The IP Law allows IP owners whose rights have been infringed to file a complaint with the authorities. If the authorities find evidence of infringement, the matter is transferred to the district attorney, who will decide whether to press charges. Unlike in other legal systems, all incidents of IP infringement are deemed to be criminal misdemeanors that may be prosecuted following a complaint by the IP owner. If convicted, the accused faces:

  • A monetary fine
  • Imprisonment
  • Confiscation of the goods
  • Closure for up to six months
  • Publication of the decision in the press.

A unique feature of Egyptian law is that the trademark owner can join the criminal proceedings as a civil claimant and may present evidence of harm.

Criminal actions are preferable to civil actions as they are quicker (lasting between six and 12 months) and have a stronger deterrent effect on potential offenders.

A factory exposed to be manufacturing and exporting bogus garments

Thousands of counterfeit goods of a notorious designer brand were seized during a raid action conducted against a factory in Egypt. The target was illegally exploiting the trademark by labeling it on its products, website, and business cards in addition to placing banners and signboards bearing the trademark of the brand owner.

The authorities charged the counterfeiter with violating the following laws and decrees:

  • Decree No. 113 of 1994 on the unknown-Source of goods. 
  • Law No. 82 of 2002 on the Protection of Intellectual Property Rights. 
  • Law No. 281 of 1994 on Combating Fraud and Deception. 
  • Law No. 68 of 2006 on writing invalid data on the products to deceive the Consumer.

How TLG can help?

The most effective means of guaranteeing the protection of trademark rights is to register the trademark. Without registration, enforcement will become difficult, especially through Customs or criminal actions.

TLG is mobilized to protecting consumers and trademark owners from counterfeits by taking effective action as and when required. For more information regarding trademark registration and IP rights enforcement, please contact us at inquiries@tlg.ae.