International Efforts Against Trademark Counterfeiting

Friday, January 1st, 1988 at 12:00 am by Clark W. Lackert
Clark W. Lackert, International Efforts Against Trademark Counterfeiting, 1988 Colum. Bus. L. Rev. 161

Any ‘intellectual property’ right is capable of being copied and exploited without permission to the detriment of the legitimate owner. Trademarks have been particularly vulnerable to illegal copyright for profit because of the ease with which a word or design can be reproduced and placed upon a product. The world-wide phenomenon of trademark counterfeiting threatens to swamp legitimate trade not only in North America, Western Europe and Japan, but in every country of the world. Counterfeiting takes many forms, from the copyright of a designer label for contraband jeans to the unauthorized manufacturing of heart valves and airplane replacement parts, and counterfeit goods are often created clandestinely and shipped from one country to another by agents perpetually ‘on the run.’ In order to end trademark counterfeiting, it is essential to develop a comprehensive, international approach which provides for swift and effective action against the international sale sale and shipment of counterfeit goods. The goal of this article is to describe the disparate approaches currently used against trademark counterfeiting and to propose a unified, multi-organizational framework for combating the problem.

Author Information

Partner, Nims, Howes, Collison & Isner, New York. A.B. cum laude 1973, Cornell University; J.D. 1976, State University of New York at Buffalo Law School; LL.M. in Trade Regulation 1983, New York University Law School. Mr. Lackert is chairman of the Trade Secrets Committee of the American Bar Association. He has been chairman of the International Trademark Treaties and Laws Committee of the ABA and a delegate to anti-counterfeiting conferences of the World Intellectual Property Organization.