Importation of fakes for personal use in Denmark: when YES becomes NØ

The IPKat has long admired the Danes for their humanity, their courage, dogs, their design skills -- and in particular for their ability to pronounce their own language. He now salutes a recent Danish legal initiative, reported in an article "Dømt for at købe Rolex-kopi på nettet", which seems to him to make good sense. For those whose Danish is not quite perfect, the IPKat's friend Nathan Wajsman explains:
"Basically, a private individual bought a fake Rolex watch online. The watch was seized in customs, and the case went to court.  Although it is legal for Danes to buy counterfeit goods while travelling abroad and bring them back -- for personal use only -- the court decided that this very narrow exception does not apply to online shopping. The case is precedent-setting and many similar cases are now expected in Denmark. The man in question was not punished further (beyond the confiscation of his purchase). The court also said that, even if the consumer buys an item in good faith (i.e. thinking he is buying the genuine article), if the price is way below the high street price, he should know that it is likely to be a fake and is therefore subject to the same sanctions".
It seems to the IPKat that actual knowledge that the purchased item is fake, and now constructive knowledge of the likelihood that it is fake, inferred from the price of the item, will be sufficient bases upon which to secure a conviction.  Presumably the same inferences can be drawn from other information conveyed by the online vendor, such as statements that the goods on sale are imitation or replica products. But presumably the nature of the vendor's information from which the consumer's inference can be drawn will vary as between different types of goods: sportswear, fashion goods, pharmaceutical and healthcare products.

Merpel notes that there was no further punishment and wonders whether a custodial sentence might be available? If so, she could advise that if you buy a counterfeit watch online, you can expect to serve time ...
Importation of fakes for personal use in Denmark: when YES becomes NØ Importation of fakes for personal use in Denmark: when YES becomes NØ Reviewed by Jeremy on Thursday, November 10, 2011 Rating: 5

No comments:

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here:

Powered by Blogger.