Guide for temporary markets
GUIDE TO THE FIGHT AGAINST INTELLECTUAL PROPERTY INFRINGEMENTS IN TEMPORARY MARKETS
In connection with the organization of temporary markets, with sales of new products, you as the market organiser and stall holder should be aware that trade in pirated and counterfeit goods will constitute a violation of copyright, trademark rights, design rights or other intellectual property rights held by other persons. Market organisers and stall holders are responsible for respecting the lawThis guide provides general guidelines on responsibilities and obligations that you as the market organiser and stall holder should be aware of. The extent of liability and possible penalties and damages in a particular case is always determined by the courts.
PIRACY AND COUNTERFEITING
Counterfeiting includes products or packaging that bears or uses a mark which is identical or may be confused with the original mark held by the right holder. Der findes herudover også regler om vildledende markedsføring. There are also rules on misleading marketing. Piratkopier og varemærkeforfalskninger er i vidt omfang produkter af lav kvalitet, der ofte er sundhedsskadelige og farlige at anvende for forbrugerne.Pirated and counterfeited products are usually products of low quality, often harmful and dangerous to consumers.
MARKET ORGANISERS MAY INCUR CRIMINAL AS WELL AS CIVIL LIABILITY
As a market organiser, you can incur criminal as well as civil liability, if you by encouragement, advice or deed have contributed to a stall holder’s trade in pirated or counterfeit products. Dette vil f.eks. This, for example, kunne forekomme, hvis du er bekendt med, at der sker salg af piratkopier eller varemærkeforfalskninger. could occur if you are aware that there is sale of pirated or counterfeit products going on in the market.
THE STALL HOLDERS CRIMINAL RESPONSIBILITY As a stall holder you can be fined if you deliberately or recklessly market and sell pirated and counterfeit products. If the violation is committed intentionally, the penalty may - depending on the gravity - be up to 6 years imprisonment. There can also be carried out confiscation of goods and financial returns. In addition, you may be obligated to pay the costs of the court case.
STALL HOLDERS CAN BE HELD LIABLE FOR DAMAGES
As a stall holder, you may be held liable if you deliberately or by simple or gross negligence trade in pirated or counterfeit products. You can be held liable if the circumstances do not entail that you should expect that the goods were original. You can also be obligated to pay the costs of the case.
THE STALL HOLDER MUST ENSURE THAT PRODUCTS OFFERED FOR SALE ARE GENUINE
As a stall holder, you are obligated to ensure that the products offered for sale are genuine. You are also expected to know the common intellectual property rights within the product lines with which you trade. It is therefore your risk as a stall holder if the authenticity is not ensured.
If you as a market organiser or stall holder are in doubt about your responsibilities and obligations in relation to trade in pirated and counterfeit products you should contact a lawyer for further advice.
This guide is prepared by The Permanent Danish Network Against Counterfeiting and Piracy. On the website of the network www.stoppiraterne.dk there is more information about the different intellectual property rights and combating counterfeiting and piracy.