Severe sanctions in trademark cases: corrective measures

01-06-2012

Fayssy Delion

The control exercised by the administration in relation to the improper use of registered trademarks is very important, as it is a key component in the regulation and inspection of the proper operation of the market.

The control exercised by the administration in relation to the improper use of registered trademarks is very important, because it is a key component in the regulation and inspection of the proper operation of the market.

This is vital for enforcing trademark rights and guaranteeing that third parties will not use a trademark without a prior consent. All this can be achieved by having adequate sanctions whenever a third party makes an unauthorised use.

Administrative sanctions, in contrast to criminal sanctions, are limited to fines, so it is vital that fines are large enough to deter infringing behaviour. In this sense, fines should be imposed according to the seriousness of infringement committed.


Trademark rights, counterfeiting, administrative sanctions, improper use

WIPR