Sekundarni povzetek: |
Trade mark is one of the rights of intellectual property, or more specifically, one of the rights of industrial property. Protected trade mark is threaten by increasingly common counterfeit products, which are issued under the same trade mark. Counterfeit product, can appear on market as the same or similar product, the same packaging and under the same mark, which represents a difficulty in distinguishing, which is the essential function of the trade mark. In Slovenia, trade mark is decorated by legislative act, called Industrial Property Act, but in addition beside Industrial Property Act, the trade mark is governing by ratified international treaties. Most recognized are Madrid Agreement Concerning the International Registration of Marks, Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks and Trademark Law Treaty. The counterfeiting problem, solves in certain extent the Customs Office of the Republic of Slovenia, which in case of perception of counterfeit good, seized and destroyed it, and they punish offender with appropriate penalty. In Slovenia, besides the Customs Office, in case of occurrence of counterfeit good on Slovenia territory, also operate the Police and Market inspectorate. Counterfeiting of proprietary trademarks is extremely forbidden, not only in Slovenia but also elsewhere in the World. Forgery of trademarks, is also included on the list of the nine most common forms of organized crime, since this is a business that ist extremely profitable and less risky than any other form of criminal trafficking of illegal goods. As already said, the main problem of counterfeiting trademarks, is precisely in capacity to distinguish, since nowadays "fakes" come to the border, where there are no longer possible for the average user to determine which product is genuine and which is fake product. Counterfeiting trade mark, has become an attractive alternative to legitimate trade, to cut costs for production, and still generates a significant profit. Current goal of all organizations that deals with trade mark, is to focus control of counterfeit goods, and to be determined by appropriate penalties, as well as a reduction of this type of organized crime. |