Innovations that have cost a lot of intellectual effort and money are usually presented for the first time at exhibitions. It is accordingly annoying when copies of products are offered on other stands or after the exhibition. The companies affected not only lose sales, but inferior counterfeits also damage the company’s image among the customers. The International Chamber of Commerce (ICC) estimates worldwide sales of counterfeits at some 360 billion US dollars for the product value alone. According to ICC, the total economic and social damage caused by counterfeits amounts to as much as 775 billion US dollars a year.
Protection rights and exhibition priority
Investing in the fight against counterfeiters not only protects the company, but also the customers who trust the company. Exhibitors should therefore register industrial protection rights for patents, utility models, trademarks or industrial designs before the exhibition and bring all documents that prove their protection rights (originals or certified copies of the protection rights certificate, any declarations to cease and desist or judgements already obtained against the counterfeiter, etc.) with them to Interzoo.
If required, the Interzoo promoter WZF GmbH together with NürnbergMesse GmbH also provides so-called priority certificates. This certificate confirms that an innovation has been first exhibited at the Interzoo exhibition. The date of the certificate serves as the date of application to the German patent and trademark office provided it is used to register a protection right after the exhibition within six months of presenting the product for the first time. This gives Interzoo exhibitors a time lead over counterfeiters. Exhibition priority is recognized by many patent and trademark offices. Information about the respective regulations can be obtained from a lawyer specializing in the protection of industrial property rights.
Upshot
Industrial property rights protection cannot actually prevent counterfeits, but does enable the owner of the rights to stop the production, sale, supply and advertising of the counterfeit products and claim damages for any goods already sold, if necessary, with the help of a lawyer. If required, the border seizure procedure offered by many customs authorities can also be used for asserting protection rights.
