In this brief article, we will deal with some of the more commonly asked questions on brand protection.
Can I take legal action to stop someone making unauthorized copies of my products?
There are really two dimensions to this question – the theoretical and the practical.
In theoretical terms, yes you can. Virtually every country on earth has legislation in place to stop people, in theory, from making counterfeit versions of brand-protected products.
The problem is that in practice, in many legal jurisdictions this principle of law is not enforced and you may find it difficult or impossible to take conclusive legal action.
Even if you try, to begin with you’ll need to precisely identify who is manufacturing your items and where they are. That also can be virtually impossible.
How do I hit back against the counterfeiters then?
Ultimately, your only satisfactory course of action is to make it impossible for them to copy your items without there being a high risk of detection at the retail end of the supply chain.
That in itself won’t stop them manufacturing, typically overseas, then shipping the goods into your retail environment.
Where it does attack them though is in the economics of their operation. If it is much easier to detect, seize and destroy their counterfeit items in the retail legal jurisdiction, then it may simply no longer be cost-effective for them to run their counterfeiting business.
Why isn’t that seizure and destruction happening already?
It is and vast quantities of counterfeit goods are seized and destroyed. However, that is still only a relatively small percentage of the total amount of fake goods being manufactured and circulated around the globe.
It is a sometimes unpalatable fact of life that the fakers are often able to produce goods that are difficult to differentiate from yours without specialist knowledge. So, trying to tell ‘at a glance’ whether a consignment of goods is real or fake can be a major headache for the law enforcement agencies.
This is a generic term used to describe a range of high-tech identification solutions.
Their objective is to invisibly mark your product in such a way so as to make it immediately detectable as being a genuine item rather than a fake. If a consignment of items doesn’t meet the test, then it can be immediately seized and destroyed.
Of course, a key objective of any form of brand security
In many cases yes but there can’t be an absolute global guarantee on this one.
At the present time, most of the major countries on earth are working with each other in order to try and adopt a uniform global approach to the suppression of the faking industries.
However, it’s probably fair to say that this isn’t seen as a priority in some countries – particularly if they lack the resources to conduct such a vast undertaking.
Therefore, for the foreseeable future, the burden of responsibility will sit in the countries where goods are primarily being targeted for retail. Once again, keep in mind that if the fakers start to see an unacceptably high percentage of their goods being seized and destroyed as a result of brand protection