Fighting counterfeiting: Importance of enforcement of intellectual property rights

Author:Khadijah Mohamed, Ratnaria Wahid
Pages:249-257
JICLT
Journal of International Commercial Law and Technology
Vol.9, No.4 (2014)
249
Fighting counterfeiting: Importance of
enforcement of intellectual property
rights
Khadijah Mohamed
School of Law
College of Law, Government and International Studies,
Universiti Utara Malaysia
khadijah@uum.edu.my
Ratnaria Wahid
School of International Studies
College of Law, Government and International Studies,
Universiti Utara Malaysia
ratnaria@uum.edu.my
Abstract. Counterfeiting ha s currently been labelled as the crime
of the t wenty-first century. It has evolved into a much more lucrative
business in very sophisticated ways. While there are many contributing
factors to the proliferation of counterfeiting in recent years, the only real
area where the government can make a difference is in setting up a
responsive legal system that includes good enforcement. The aim of this
paper is to examine the scale of counterfeiting activity derived from the
seizure data issued by th e World Customs Organization, emphasizing on
the worldwide scenario. This is followed by examination on the
motivations behind counterfeiting activity to identify gap in the existing
enforcement mechanisms so that recommendations can be made to
improve the competency of those mechanisms to address counterfeiting.
The paper then critically examin es and relates the reasons of why
effective enforcement is necessary in the fight against counterfeiting.
1. Introduction
Many dictionaries associate the general meaning of c ounterfeiting with something that
is forged, copied or imitated for the purpose of deceiving or defrauding. In Black’s Law
Dictionary, for example, “to counterfeit” is described as “to unlawfully forge, c opy or
imitate an item or to possess such an item without authorization and with intent to
deceive or defraud by presenting the item as genuine”1 while in Collins Dictionary,
1 Garner, B.A. et al. (2009). Black’ s Law Dictionary. 9th ed. USA: West Group, p.402 -403.

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