Rapidly developing technologies have paved the way for new forms of counterfeiting, causing serious harm to trademark holders and their reputation as well as to the health and safety of customers often unaware of the illegal nature of counterfeit goods. The seriousness of the crime of counterfeiting has produced a widespread international and national response.

This report examines the TRIPS Agreement's minimum internationally accepted standards for the crime of counterfeiting. It analyses Article 61 of the TRIPS Agreement and shows how national legislation and case-law in four countries (France, the Netherlands, Lithuania and Poland) reflect it. Case studies demonstrate the practical application of the TRIPS Agreement and national legislation in cases of trademark counterfeiting.