IPR

What goods are considered to be counterfeited?

Counterfeited goods are the ones that infringe an industrial intellectual property right. Trademarks, industrial designs, patents etc, which are registered by the Industrial Property Office (IPO) cannot be used without an authorization by the right holder. There are also pirate goods, which are considered as goods that violate the copyright such as illegal copying of CD’s, DVD’s, computer programs etc.

What products are mostly affected from counterfeiting?

All of the products of all economic sectors can be affected from counterfeiting such as:

– Clothing, perfumes, cosmetic products, mobile phones
– CD’s, DVD’s, computer programs;
– Medicaments, different drinks and food products;
– Vehicle spare parts and electric equipments etc.

What consequences cause counterfeited goods?

Consequences for the illegal business

Counterfeited goods cause major damages for the legal businesses in the country. A lot of major companies make serious investments in order to present their trademarks in the best they can. Even the authorized representatives that have made major investments undergo major losses from goods that are under their exclusive right and which are counterfeited.

Consequences for the clients

Counterfeited goods deceive the clients about the quality, as well as in most of the cases are also dangerous for client’s health and safety, such as foods products, medicaments, cosmetic products etc.

How can the counterfeited goods be distinguished from the original ones?

Some of the indicators that enable you to distinguish counterfeited products from the original one are:

– price is much cheaper;
– the quality and packaging are not of the same level,
– the text contains linguistic errors,
– often there are no distinctive etiquettes or safety seals etc

However, everyday more, counterfeited goods producers are producing goods which from the outer view are very difficult to be distinguished from the original.

What is Customs role for measures of intellectual property rights?

As it is known, Kosovo Customs within the fiscal, economic and protection mission, through legal instruments is obliged to also protect the intellectual property rights, with the purpose of protecting legal business from the unfair competition.

Dynamic progress of trade and economy in the country, endorsement of many multilateral and bilateral agreements, exchange of information with the regional countries, offering of trade and customs facilitations, created the preconditions for integration and membership of our country in the relevant international institutions. All of this in the same time presents a challenge for Kosovo Customs, since one of the most important duties is:

-to protect the business environment, which are bearers and/or users of the same intellectual right, from the unfair competition;
– to protect the client and the public health, from counterfeited goods / piracy from the consequences that they cause;
– possible limitation of losses in the budget revenues of our state, that derive as a consequence of goods that infringe a intellectual property right.

Kosovo Customs based in the Law 03-L/170/2010 and Administrative Instruction 07/2010, is obliged, to protect the intellectual property rights for the goods that enter/exit from the territory of Kosovo or “ex officio”, and to administer the requests for action within protection of intellectual property.