
Counterfeit circuit breakers may explode, causing fire, injury and could
result in loss of life. |
Definition of Counterfeiting
Such reproduction/imitation is illegal when an Intellectual Property
Right (IPR) is infringed, inter alia:
- a registered trademark or trade
name
- and/or an unregistered proprietary right for
the "trade
dress" or "get-up" or designation
of a product
- and/or a patent, utility model and/or design
right/design patent
- and/or a copyright
The IPRs listed above are infringed if any of
the following occurs:
- Registered trademark
or trade name: the copy products bear a mark or other designation which
is identical or confusingly similar to that of a product with a registered
trade mark or trade name.
- Unregistered "trade dress" / "get-up" /
designation: these terms designate the copy products which have a form
and visual appearance, or bear a designation which are recognized by
the public as distinctive and hinting to a specific producer. The public
may therefore be led to the erroneous belief that the copy products
come from the same source as the original products.
- Patent, utility
model, design right: here one or more parts of the original product
are protected by valid patents and/or utility models and/or design
rights (in the U.S. called design patents), and these protected parts
show up in the copy product.
- Copyright: the copy product is a text
(brochure, book, pamphlet, manual etc.) or picture or film or sound
or computer software or technical document and drawing2, which is
basically identical with the original product.
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