Editor Introduction

I am excited to introduce the third edition of the Law Over Borders Anti-counterfeiting Comparative Guide. This edition highlights several key jurisdictions with new and updated content. Our country-specific authors outline the key components of their domestic and international brand protection regimes, addressing current issues relating to artificial intelligence and deepfakes, as well as the role of major social media sites and e-commerce platforms dealing in counterfeit goods.

This guide is designed to assist those seeking to understand how intellectual property-related issues are addressed across various jurisdictions and provides up-to-date information combined with best practices. We hope it will help readers better understand and navigate the IP challenges involved in protecting their own brands — or those of their clients — in these jurisdictions.

In addition to our country Q&A chapters, we have included Market Insights chapters addressing brand protection issues that transcend any individual jurisdiction’s regime. It is my hope that, by doing so, we highlight both the global nature of brand protection and the continuing challenge of counterfeiting. Through collaborative effort, we can better meet the challenge presented by counterfeiters, who are constantly seeking ways to circumvent existing legislation and often employ sophisticated methods to hide their illicit activities. It is only through cost-effective measures and cooperation between right holders, industry partners, governments, and brand protection professionals that we can meet this ever-growing challenge. The unique and universally relevant Market Insights chapters explore the intersection of counterfeiting, contraband, public safety, public health and sustainability, in addition to outlining current developments and emerging issues in Mexico and the UAE.

It is a great pleasure for me to sincerely thank my co-editor, Melissa Tarsitano, for her continuous support and patience, for providing her unique and insightful perspective and for working with me closely throughout the project. I am also especially grateful to each of our accomplished authors, who rose to the challenge of providing the most up-to-date and relevant information relating to brand protection in their individual jurisdictions and areas of expertise. There would be nothing to edit without your considerable effort. It has been a pleasure working with such a knowledgeable, well-recognized and dedicated group of professionals — truly friends. These authors are at the top of the IP game and have a keen understanding of the counterfeiting issue and how to deal with it in their countries (and in many cases, elsewhere). Their insights and comments have been instrumental in the evolution of this guide. What a wonderful group to work with! The dedication and creativity of the brand protection professionals involved in this project makes it a pleasure to work on. These hard-working professionals regularly volunteer time that does not result in additional income but helps the team effort we all seek. Our profession is built on civility, sharing and dedication to the protection of brands and rights, while addressing the counterfeiting problem within the constraints of available resources, government priorities and the legislative framework in their jurisdiction. This group of authors understand the importance of collaboration among colleagues, industries and countries to combat the global problem of counterfeiting.

I am deeply indebted to our “magical” publishers, Global Legal Post, including Claudia Tan and Debbie Knowles. Along with so many others on their team they make this process a true labour of love. Through their gentle but firm support, encouragement and careful management of the preparation process and timelines, they brought this book to completion.

To all friends and family who put up with our travelling, time-sensitive requirements and seemingly endless lists of high-priority issues — thank you for always having our backs. I am especially grateful to my four children, their loving spouses and their children, who motivate me daily. The sign next to my computer reads: “My Favourite People Call Me Grandpa”. I do not take that for granted.

To my lovely wife, Terry. I continue to owe you so much for what you teach me and bring out in me as I watch you go through life. I truly am getting closer to those unfinished projects we talk about ... but I still need to finish a few more things.

Thank you, thank you and thank you, all of you!

Excelsior!

Lorne