An overview of false marking and counterfeiting intellectual property

CHAL 24

Ali I. Ahmed, Finnegan Henderson Farabow Garrett & Dunner, LLP, 901 New York Avenue, N.W, Washington, DC 20001
Patented articles can only be marked by the patent owner or with a patent owner's consent. When a patented article or the package containing the article is marked by someone other than the patent owner, this constitutes false marking. False marking can subject the person making the article to a fine if it was determined that the marking was done for purposes of counterfeiting, of imitating the patent owner's mark, or for deceiving the public into believing that the patent owner was involved or provided consent.