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Anti-Counterfeiting

Kestenberg Siegal Lipkus LLP regularly assists in and/or coordinates the investigation, seizure and prosecution in relation to intellectual property crime in the Canadian market place and at the border. We are in regular contact with numerous law enforcement and government officials across Canada (and elsewhere) and assist them in dealing with counterfeiting cases.

Our anti-counterfeiting enforcement team is regularly involved in the following:

  • Test purchases of counterfeit merchandise;
  • Surveillance of targets;
  • Providing intelligence reports on counterfeiters to law enforcement;
  • Coordinating and obtaining sample analysis of suspected counterfeit product;
  • Locating copies of intellectual properties required by law enforcement;
  • Attendance on seizure/execution of search warrants;
  • Coordinating, preparing and obtaining victim impact statements;
  • Arranging for the cartage, storage and destruction of counterfeit merchandise;
  • Coordinating and obtaining witness testimony in the event of criminal prosecutions;
  • Assisting in the preparation for and attendance at preliminary enquires and pre-trials;
  • Assisting in the preparation for and attendance at criminal trials;
  • Providing in-house counsel and intellectual property counsel appropriate case law and legal advice in respect of anti-counterfeiting enforcement matters;
  • Coordinating genuine product for comparison purposes.

Educational Services

One of the most integral components of a successful anti-counterfeiting program is education.   Not only must the consuming public become aware of the dangers of purchasing counterfeits, but so too, those persons whose job function it is to stop the trade in counterfeit products, namely front-line customs personnel, various health and safety and regulatory bodies; and law enforcement personnel.  In an age of shrinking public sector budgets educating these personnel on how to quickly identify counterfeit product; and arming them with the necessary information to stream line the issues for them is critical to any successful seizure and/or enforcement.

One of the extremely valuable services provided by our firm, on a regular and ongoing basis, is the training sessions we conduct for various agencies of law enforcement and customs, usually at their request, throughout the year, covering numerous jurisdictions. These sessions include: product identification for several dozen brand owners; information on shipping routes, point of entry contacts, case studies and incorporate both a lecture and trade show format concentrating on hands on practical training on how to proceed with a counterfeiting case.

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