What is a Counterfeit?
A counterfeit is an imitation made with the intent of passing off a copied product as genuine. Counterfeit products are often produced with the intent to take advantage of the superior value of the imitated product. The word "counterfeit" describes forgeries of currencies and documents along with imitations of art, clothing, software, logos, and brand names.
In the case of goods, counterfeit results in patent and trademark infringement.
Intellectual Property Law Remedies for Counterfeits
Anti-counterfeit tools include the Copyright law, Design law, Patent law, and the Trademark Ordinance.
Additionally, The Commercial Torts Law created in 5759-1999 offers additional tools against counterfeiting and may be activated within a case in which any of the above laws are also activated. For example - a counterfeit of a patented product, sold under a protected trademark, will award the owner of his or her proper remedies defined under the Patent Law and the Trademark Ordinance with the support of The Commercial Torts law. Thus adding even more remedies in cases of counterfeit in which the plaintiff has no rights according to the other mentioned laws.
The Commercial Torts Law defines torts as:
“Passing off:
1. (a) A dealer shall not cause an asset that he sells or a service he gives to be mistakenly considered as an asset or service of another dealer or as an asset or a service that has a connection with another dealer…
False description
2. (a) A dealer shall not publish information and shall not cause the publication of information that he knows or should have known is incorrect regarding a business, profession, property or service, of him or of another dealer (hereinafter - false description)…”
Why choose us to protect your assets from counterfeiting:
At Naomi Assia & Co Law Offices and Patent Attorneys, our experienced legal staff are equipped with the knowledge, experience, and skills to provide the client with the most adequate, effective and practical tools and services in order to prevent counterfeiting against themselves and their assets according to the law. We assist with the following:
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