Slovakia: Draft Amendments to Customs Legislation Foresee Donation of Seized Counterfeits without Trademark Owner’s Consent

As reported in the Slovak Spectator, the Slovak Republic Finance Ministry has recently proposed customs legislation amendments, which would allow donation of seized counterfeit goods without the trademark owner’s consent.

Generally, the counterfeit goods seized by the customs officials are destroyed at the rights owners’ request and expense. In some cases, the customs authorities donate the goods for humanitarian purposes, provided the trademark owner gives his consent.

“The reason for legislative change is not to dispose of falsified goods when it is not necessary and when it might be used solely for humanitarian purposes,” Radko Kuruc, adviser to the finance minister told The Slovak Spectator.

If the parliament approves the amendments, the right owner’s consent will no longer be required as of January 1, 2014.

Under the draft amendments, the Administration of State Material Reserves will be also entitled to offer the goods to facilities caring for orphaned children, in addition to victims of natural disasters or similar emergency situations, healthcare networks, social care organizations and NGOs, as the current law prescribes.

The donated products would have to pass product safety checks and the recipients would have to pay for the removal of the trademark from the goods.

Prepared by: Jelena Jankovic

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Source: The Slovak Spectator — Slovakia’s English-language newspaper