"All counterfeit goods are authorized under a simplified procedure. This means that the owner of the intellectual property right has agreed with the infringer that the goods will be destroyed at the expense of the infringer and no penalty will be imposed on the infringer. When they agree this way, it is not a crime, "Kurkova said.
As the spokeswoman explained, the store that sells counterfeit goods violates rights. "We do not know who made the counterfeit, but they sold the goods at the store," the spokesman said.
Fake Nike Shoes
In her view, this is one way to resolve such a case. What is important, however, is the agreement between the proprietor of the mark and the one found to be selling such goods and acknowledging that they are counterfeit.
If they disagree, the so-called appeal will go to court. "The court then determined it to be false and then the case would go into administrative proceedings, with sanctions after all," Kurkova said, adding that the law allows it in this way.
The proprietor of the mark may then reimburse the costs of legal and administrative proceedings against the defendant. In some cases, the customs administration itself assesses, on the basis of objective and subjective aspects of a case, whether it initiates criminal proceedings.
Fake Nike Shoes
According to Hanna Prudicova, spokeswoman for the Customs Directorate-General, a similar procedure is envisaged by the Customs Administration Act of the Czech Republic and by a regulation of the European Parliament and of the Council.
Hundreds of cases
"Most intellectual property cases are dealt with through simplified procedures, both for practical (quick cases) and for financial reasons (excluding court costs, warehousing, etc.). The court proceedings are in unit cases compared to hundreds of simplified proceedings, ”explained Prudichova.
In this particular case, the customs administration checked the opening of luxury shoes at a store in central Prague this May. 21 boxes of fake luxury limited edition shoes were seized from the store. The shoes were sold at a price of around 30,000 kroner and the total damage was quantified at about 800 thousand kroner. The counterfeit owner reported the suspected counterfeits, and the shop owner claimed she had no idea of their origin.