Common problems facing the Court in cases of counterfeiting (Experts, Evidence) - ASIPI Aruba 2016

Common problems facing the Court in cases of counterfeiting (Experts, Evidence)

On many occasions, the efforts of trademark owners or public forces to demonstrate counterfeiting, ends up being rejected or questioned by the courts. The processes of generating evidence and expert reports are often required with formal requirements that make nugatory the probative effort; in others, the procedural requirements make it very burdensome, all this resulting in a benefit for the counterfeiter. Panelists will present challenges and constraints that have confronted in their experience or identified in their practice before courts when it comes to support expert testimony or evidence.

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