Mexico launches a guide to anti-counterfeiting enforcement
According to Mexican law authorities cannot continue to detain suspected counterfeit goods if a legal action is not initiated. It is thus recommended that both rights holders and their representatives have ready all information and documentation necessary to take action at any time
The representatives must also be familiar with the particulars of genuine merchandise, so that they can easily and timely determine whether merchandise is counterfeit. Such a prompt reaction will enable the rights holder to be informed quickly of instances of counterfeiting and reduce the risk of counterfeit merchandise being mistakenly reported as genuine.
Communication with customs
Rights holders and their representatives should also communicate closely with customs, in order to teach officials about the characteristics of genuine or fake merchandise and keep them updated of any changes to or new information about their IP portfolio. Participation by rights holders, through their representatives, is highly recommended, as they are best placed to explain key differences between genuine and counterfeit products and to provide samples of both.
Finally, rights holders and their representatives should also ensure that they tackle the most important cases, in light of the size of the consignment or other factors. A cleverly thought-out strategy will help rights holders to keep the costs of anti-counterfeiting initiatives down, while still ensuring that such activities are as effective as possible, the guide claims.
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