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ARTICLE · 06 FEBRUARY 2023

Post-Brexit UK (And EU) AFA Recordal Process

Marks & Clerk
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As the world contends with the cost of living crisis it is likely people may look to cheaper alternatives, including counterfeit goods. Besides potential injury to consumers or economic loss to brand owners...

European UnionIntellectual Property

As the world contends with the cost of living crisis it is likely people may look to cheaper alternatives, including counterfeit goods. Besides potential injury to consumers or economic loss to brand owners, counterfeiting fuels criminality being linked to money laundering and funding terrorism, human trafficking, child and adult sexual and criminal exploitation. According to the United Nations Commission on Crime Prevention and Criminal Justice, counterfeiting is now the second largest source of criminal income worldwide, second only to drugs. Counterfeit products are a serious issue. 

Recording IP rights with customs using Applications for Action (AFAs) is a valuable way of engaging law enforcement authorities to remove counterfeit goods from the market for the benefit of IP right owners and the public. In the post-Brexit world it is necessary to treat the EU and UK separately for the purposes of customs and law enforcement authorities and IP rights holders

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