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Counterfeit product

This entry uses the trademark-counterfeiting definition in the WTO TRIPS border-measures framework. It covers goods, including packaging, bearing an unauthorised mark identical to a trademark validly registered for those goods, or indistinguishable in its essential aspects. The mark must infringe the trademark rights under the importing country’s law.[1]

Record provenance and any authorisation before offering branded goods. A low supplier price or a logo on packaging does not by itself authenticate an item. This explanation does not classify a particular product; the registration and applicable law remain material.

Content updated:

Sources

  1. WTO ANALYTICAL INDEX TRIPS Agreement – Article 51 ( ...

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