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EIRP Proceedings 2009
Infraction de Contrefa on de la Marque dans le Contexte EuropeenKeywords: propriété intelectuelle , signe distinctif , produits piratés Abstract: Violating the rights regarding a certain trademark has become a phenomenon withserious consequences, affecting their owners, counterfeiting reaching this way industrial andinternational proportions. As a consequence to this, we get a misrepresentation of the law anda disturbance and distortion of trade rules. After the owner of a brand builds its popularityand develops a certain class of clients, it is oftent for people to try to take advantage of thatbrand`s image. This practice is contrary to any commercial usage and it has negative effectson safety and consumer confidence in products or services on the market. According to theregulations imposed by law and in compliance with the general principles of law, the holder isthe only one entitled to use his trade mark as it pleases and to gather its benefits resultingfrom that usage. Besides the owner, it is forbidden to any other person to make use of any actrelating to trademark, without obtaining, in advance, the consent of the holder. In most cases,the trademark owner suffered important damage as a result of its trademark counterfeiting.
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