The Jamaica Customs Agency (JCA) is committed to protecting Jamaica’s borders and the organisation places high emphasis on protecting consumers from counterfeit products, at both points of import and export.

As the holiday season approaches, and with high volumes of goods expected to be imported, the JCA is imploring trademark owners and licensees to be even more vigilant, as it pertains to the importation (or exportation where applicable) and subsequent sale of counterfeit products, by making a formal request to the commissioner of Customs to undertake the seizure of these goods at the port of entry, or the local market (such as on shelves, streets). Offenders will also be found in breach of the Customs Act.

This week’s series will look on the following:

o What are counterfeit goods

o The negative impacts of counterfeit goods on consumers and the Jamaican economy

o The regulatory framework that governs the trading of goods and their seizure

o Steps trademark owners and licensees can take to safeguard their businesses

COUNTERFEIT GOODS

Simply put, counterfeit goods are fake items which an illegitimate trader seeks to pass off as genuine. They may include pharmaceutical products, backpacks, eyeglasses, lotions, handbags, perfumes, clothes, watches, footwear, cosmetics, electrical items, alcohol, and pirated DVDs/CDs, among others.

The sale and use of counterfeit goods are of grave concern to the JCA as a result of:

o The poor conditions under which some of these goods are manufactured.

o The ingredients that are used in some of these products, such as cigarettes or pharmaceutical products (eg tablets coated with common, household paint in an effort to match the colour of the original product)

o The negative impact counterfeit trade has on a legitimate trader and, ultimately, the Jamaican economy — legitimate traders who manufacture according to established standards are forced to compete with illegitimate traders, who often sell their products at significantly reduced prices.

NEGATIVE EFFECTS OF CPPYRIGHT INFRINGEMENT

Counterfeit trading does the following:

o Deceives consumers who believe they are buying authentic products

o Robs legitimate manufacturers who invest in safety and quality manufacturing processes

o Destroys brand names and the reputation of legitimate manufacturers or suppliers.

o Deters investors, especially those in the manufacturing space

o Exposes consumers to serious health and safety risks often associated with counterfeit products

REGULATOR FRAMEWORK

o Customs Act

o Merchandise Marks Act

o Trade Marks Act

o CopyRight Act

o Consumer Protection Act

o Standards Act

o Proceeds of Crime Act

STEPS TRADEMARK OWNERS

A legitimate proprietor who desires the Customs Agency to act on his behalf, must make a formal request to the commissioner of Customs and provide the following documentation, in keeping with provisions under the Trade Marks Act and the Customs Act:

1. Written notice to the commissioner of Customs that he is the proprietor or licensee of the relevant trademark.

2. Written information that indicates the time of arrival of the infringing goods in Jamaica, and a request to the commissioner of Customs that such goods are treated as prohibited, under the Customs Act.

3. Certified copies of the relevant certificates of registration, issued by the Jamaica Intellectual Property Office in respect to the trademark.

4. Letter of Indemnity which states that the rights holder shall indemnify the commissioner of Customs in respect of all claims, proceedings, demands, liabilities, costs and losses of any kind whatsoever, arising from or in connection with the enforcement action taken by the commissioner of Customs. The Letter of Indemnity shall be executed before a justice of the peace or a Notary Public.

5. A list of authorised importers and distributors in Jamaica, with the relevant contact information.

6. All expenses incurred by the JCA in relation to the enforcement action are to be undertaken by the rights holder.

7. The ‘Notice to Act’, the ‘Letter of Indemnity’ and all other documents, are to be addressed to the Commissioner of Customs, Jamaica Customs Agency, Head Office, Newport East, Myers’ Wharf, Kingston.

For further information contact: Jamaica Customs Agency Head Office Myers’ Wharf, Newport East, Kingston 15. Telephone: 922-5140-8, Toll free: 1-888-287-8667 Website: www.jacustoms.gov.jm E-mail: public.relations@jacustoms.gov.jm Twitter: @jacustoms