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Lego wins intellectual property infringement action against four Chinese companies

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Lego wins intellectual property infringement

Four Chinese firms have been ordered to stop producing building blocks and miniature figures that infringe Lego’s trademarks after the Danish toymaker won a new intellectual property lawsuit at Guangzhou Yuexiu District Court.

The companies were found to have infringed multiple Lego copyrights and conducted acts of unfair competition against the Danish firm by producing and distributing LEPIN building sets, the contents of which were nearly identical to Lego products, and which carried branding that was clearly designed to resemble that of the well-known toymaker.

According to the court, the four Chinese companies had infringed the trademarks of 18 Lego products, copied numerous mini figures created by the Danish firm, and acted in a manner that fostered unfair competition between themselves and Lego.

The four defendant companies were ordered to immediately stop the production, sale, exhibition or promotion of the products that were found to have infringed Lego’s copyrights, and were told they must pay the Danish firm some ¥4.5 million ($646,860) in damages.

After the ruling, Lego said the court’s decision represented the latest in a string of major legal victories in China, where the firm has been battling a number of imitators for the past two years.

Commenting on the court’s decision, which could help Lego capture a larger bite of China’s $31 billion toys and games market, Lego CEO Niels Christiansen said: “We welcome the court’s ruling.

“We believe these decisions are well-founded in the facts and the law, and clearly demonstrate the continued efforts of Chinese authorities to protect intellectual property.

“It also shows the authorities’ commitment to creating a fair business environment for all companies operating in China…

“These rulings send a clear warning message to other companies who may be copying Lego products.

“We will continue to take all necessary legal actions to protect our intellectual property rights.”

Lego, which fiercely protects its intellectual property, has been forced to take legal action against a number of Chinese companies that have infringed its copyrights recently.

Last year, the company successfully took legal action against two Chinese companies that manufactured and sold Bela-branded products that were almost identical to its Lego Friends range of toys.

The Bela case was Lego’s first successful copyright competition action in China, where authorities have been criticised for failing to uphold the intellectual property rights of western firms when local companies make near-identical clones of their products.

The ruling came after the Beijing Higher Court officially recognised the Lego brand earlier that year as a “well-known” trademark in China.

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HP joins forces with Ugandan authorities to tackle counterfeit printer cartridges

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US technology giant HP has teamed up with authorities in Uganda to crack down on the availability of fake HP-branded print cartridges in the country’s capital of Kampala.

The company assisted Ugandan law enforcement agencies in an operation that led to raids on premises owned by two large retailers that were selling counterfeit HP printer cartridges.

Investigators carried out searches of multiple retail outlets and a number of illicit manufacturing facilities where the two firms produced the bogus cartridges.

Commenting on the success of the operation, Glenn Jones, HP’s Global Anti-Counterfeiting Program Manager, said: “HP commends the cooperation and swift action of Ugandan officials and their determination to apprehend and prosecute counterfeiters who break the law.

“We are proud of our continued work to bring counterfeiters to justice, not only in Africa but throughout the world.

“Through our unwavering efforts and commitment to removing counterfeit products from the market, we continue to focus on the protection of our customers through our Anti-Counterfeiting and Fraud Programme.”

HP noted that consumers who buy fake printer cartridges could face performance and reliability issues, and may invalidate their device’s warranty if it breaks as a result of their use of counterfeit HP products.

Over the past five years, law enforcement authorities in countries across Europe, the Middle East and Africa have seized some 12 million fake HP printer cartridges and other components, while HP itself has carried out more than 4,500 audits and inspections of partners’ stocks or suspicious deliveries for customers.

HP has established its own Anti-Counterfeiting and Fraud Programme, through which it seeks to educate customers and partners on how to spot fake printing supplies.

The company also works closely with law enforcement agencies and governments across the globe to identify and prosecute companies and individuals that make bogus HP printing products.

Back April, HP said it was cooperating closely with law enforcement officials in the United Arab Emirates (UAE) to shut down two manufacturers and distributors of fake print supplies.

In an operation that took place between December last year and this February, UAE investigators carried out raids on numerous premises linked to the two firms, impounding 35,400 illicit print components, and 1,200 counterfeit ready-for-sale counterfeit toner cartridges.

Speaking after the operation, Jones said: “HP commends the cooperation and swift action of the Emirate of Dubai officials and their determination to apprehend and prosecute counterfeiters who break the law.”

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Interpol leads global crackdown on criminal maritime pollution

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A worldwide law enforcement effort designed to tackle criminal maritime pollution backed by Interpol and Europol has resulted in the discovery of hundreds of offences and exposed serious cases of contamination across the globe.

The month-long operation, which was dubbed 30 Days at Sea and took place throughout October, saw hundreds of law enforcement and environmental agencies from 58 countries uncover more than 500 violations.

In a statement, Interpol said these included numerous illegal discharges of oil and refuse from boats, shipbreaking, breaches of ship emissions regulations, and pollution on rivers and land-based runoff to sea water.

The operation – which involved a global network of 122 national coordinators directing environmental, maritime and border agencies, national police forces, customs, and port authorities – resulted in over 5,200 inspections.

These have led to the establishment of at least 185 investigations, with multiple arrests and prosecutions anticipated.

Interpol Secretary General Jürgen Stock said the operation was designed to disabuse organised criminal gangs of the mistaken belief that maritime pollution is low-risk and is essentially victimless.

“Marine pollution creates health hazards worldwide which undermine sustainable development and requires a multi-agency, multi-sector cooperative response within a solid global security architecture,” he added.

The operation resulted in the discovery of multiple cases of serious contamination, including the dumping of animal farm waste in coastal waters off the Philippines, a vessel that pumped 600 litres of palm oil into the sea near Germany, and the dumping of gallons of waste oil in large bottles at sea, which was uncovered by investigators in Ghana.

Elsewhere, environmental officials prevented a potential disaster in Albania by securing waters around a sinking vessel containing some 500 litres of oil, while a major pollution threat was averted after the collision of two vessels in French waters.

The 30 Days at Sea initiative was led by Interpol’s Pollution Crime Working Group, which heads up a number of projects designed to crack down on the transport, trade and disposal of wastes and hazardous substances in contravention of national and international laws.

Interpol said the effort was launched in response to a call to boost international law enforcement action against emerging environmental crime through action in the field.

The issue of illegal marine pollution is one that global communities may well be able to tackle successfully in the next decade, according to UN Environment Executive Director Erik Solheim, who urged law enforcement partners “to make sure that there is no impunity for the perpetrators of marine pollution crime”.

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EU study recommends criminalisation of paying for sex as most effective way to tackle forced prostitution

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A two-year EU-funded study has concluded that criminalising the purchase of sex is the most effective way to tackle human trafficking and modern slavery for the purposes of prostitution.

Researchers working on the report examined legislative approaches to prostitution and trafficking in six EU member states, and recommended that the introduction of a criminal offence for buying a person for sexual acts is the only effective means by which governments can reduce demand for victims of human trafficking for the purposes of sexual exploitation.

The study – which was compiled by agencies in Cyprus, Finland, France, Ireland, Lithuania and Sweden – said the introduction of laws relating to prostitution and human trafficking need to be accompanied by a comprehensive range of measures that include enforcement policies, protection and support for all victims of sexual exploitation, monitoring and evaluation, and preventative initiatives.

Monica O’Connor, co-founder of the University College Dublin’s Sexual Exploitation Research Project, and author of the report, commented: “In Sweden, and now in France and Ireland, the laws flow from the understanding of prostitution as a form of violence against women.

“This means the demand to buy girls or women to supply sexual acts is not regarded as legitimate or acceptable within society.

“The purchase of sex is a criminal offence, while those being exploited are decriminalised.”

The Republic of Ireland made it an offence to buy sexual services back in February 2017 after passing a law designed to protect vulnerable women forced into prostitution against their will.

Ireland’s decision followed the introduction of similar legislation in Canada, Sweden, Norway, Iceland and Northern Ireland, where men who are caught using sex workers are subject to punishment while those forced into prostitution are treated as victims.

The new EU report, which pools findings made by researchers in each participating country,   recommends that the introduction of laws prohibiting the purchase of sexual services must be accompanied by measures designed to ensure there are no negative consequences for trafficked women.

According to the study, any new legalisation that outlaws the purchase of sexual services should include measures that would ensure victims forced to work as prostitutes would be offered protection, accommodation, early legal intervention, as well as legal advocacy and support.

Former sex worker Mia de Faoite, who now campaigns to prevent human trafficking, said: “This comparative report is most welcome, once again highlighting that targeting the demand through criminalising those who purchase human beings is the most effective way to reduce trafficking of women and girls into prostitution.”

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