EIRP Proceedings, Vol 4 (2009)

Abstract

Violating the rights regarding a certain trademark has become a phenomenon with serious consequences, affecting their owners, counterfeiting reaching this way industrial and international proportions. As a consequence to this, we get a misrepresentation of the law and a disturbance and distortion of trade rules. After the owner of a brand builds its popularity
and develops a certain class of clients, it is oftent for people to try to take advantage of that brand's image. This practice is contrary to any commercial usage and it has negative effects
on safety and consumer confidence in products or services on the market. According to the regulations imposed by law and in compliance with the general principles of law, the holder is
the only one entitled to use his trade mark as it pleases and to gather its benefits resulting from that usage. Besides the owner, it is forbidden to any other person to make use of any act relating to trademark, without obtaining, in advance, the consent of the holder. In most cases, the trademark owner suffered important damage as a result of its trademark counterfeiting.