Border Measures In Malaysia

Combating counterfeit goods has been one of the most talked about issues in the Intellectual Property (‘IP’) industry for the past few years. This issue is very relevant in present times when many countries are moving towards globalisation and international trade. The Agreement on Trade Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), one of the most influential IP international treaties in the world also provides for rules on civil and administrative procedures and remedies to combat infringing and counterfeiting activities.

The TRIPS Agreement further lays down that all parties should have measures taken at the border for the suspension of counterfeit and pirated goods by the customs authorities, also known as "Border Measures". Border Measures are to prevent the counterfeit and pirated goods from being released into the domestic market, thus causing more damage and losses for IP rights holders. Criminal procedures and penalties sufficient to act