Permission for the Import of “Trademark-Removed Goods”

Committee:
Intellectual Property Rights
status:
No progress
Published:
There has been no progress on this issue. Cases continue to be observed where customs authorities permit the import of goods from which trademarks have been removed after being identified as counterfeits and seized.

Recommendations

  • Customs officials should be made aware that, as stated in Article 46 of the TRIPS Agreement and referenced in the WTO dispute settlement case against China (DS362), except in exceptional circumstances, the mere removal of illegally affixed trademarks does not justify allowing such goods to enter distribution channels.