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17 September 2015Trademarks

Marques 2015: Honda questions EU anti-counterfeiting law

A counsel at motor company Honda has questioned whether a requirement for providing information on counterfeit distribution channels, outlined under an EU law adopted last year, is “necessary” in order to make authorities take action.

Speaking at the Marques 29th Annual Conference, currently taking place in Vienna, Geraldina Mattsson, European IP counsel at Honda, asked whether the need for such information, outlined in EU Regulation No. 608/2013, is vital for tackling counterfeiters.

Providing such information is not always “straightforward”, said Mattsson. “One really questions whether this new requirement for further information is actually necessary.”

Regulation 608/2013, which came into effect last year, is designed to help trademark owners combat the sale and distribution of allegedly infringing goods.

Under the regulation, a brand owner has to provide technical information to customs officials about the fake goods, as well as information about distribution channels, before the authorities can take action.

The biggest targets for counterfeiters are car parts, including airbags, Mattsson said.

However, she added that counterfeit motorcycles are also found in the EU despite Honda having provided information to customs officials that models were being manufactured outside the union.

Trademark owners are also required under the regulation to provide information about the pricing of fake goods.

However, Mattsson said this is difficult because some unauthorised products still bear the ‘Honda’ trademark, even if Honda does not sell the product in question.

She added that providing pricing information is “time consuming” for the brand.

The “biggest factor” in combating counterfeits is public safety, Mattsson continued, but fake goods can also harm the reputation of the brand.

Mattsson added that she has been frustrated at the lack of communication from customs officials on what happens to the fake products once they are seized.

“Honda wants to encourage recycling, but we cannot be certain of whether such products are being recycled,” she added.

The Marques Annual Conference runs from September 15 to 18.

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