Intellectual Property Protection and Enforcement Manual - Ipr-policy.eu

Brand Integrity
Rights holders need to monitor the retail space and report IP infringements. To enhance protection
for products and to drive out fakes in the system, brand owners should:
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Enhance market intelligence by utilizing “mystery shopping” techniques to gather
random samples of products for inspection and authentication and to monitor the
marketplace environment.
Monitor sales of brand name products on the Internet, in particular, auction sites.
Appropriate Technology
There are a number of companies involved in developing methods and technologies that can help
detect counterfeit products. Brand owners should examine options for applying simple, low-cost
solutions that can help differentiate authentic products from counterfeit ones, including deliberate
packaging flaws and covert product design flaws. In addition, brand owners should consider the
applicability of new technologies that offer more technically advanced features such as bar code
symbologies, RFID tags, holograms and watermarks, and anti-counterfeiting ink technologies.
Employees Involved in the Fight
A successful anti-counterfeiting strategy depends on complete company buy-in. From the boardroom
to the warehouse, all employees must be made aware of the vital importance of IP to the well-being
of the company. Everyone must understand that each counterfeit copy of the company’s products
purchased by a customer is a stolen legitimate sale. Moreover, employees must be made aware that
the gray market fosters the development of the black market, and that any defect in the supply chain
will make it harder for the IP owner to proceed (through civil or criminal enforcement) against
counterfeiters.
A brand owner’s sales force is uniquely placed to help a brand owner understand product weak spots
and assist in the design of a strategy against counterfeiters that threaten brand security. Salespeople
should be trained to recognize signs that may indicate a counterfeiting problem, but they should
also be cautioned not to take unnecessary risks or get involved in potentially dangerous situations.
Remember, counterfeiters are criminals. Moreover, there should be open lines of communication
between the brand owner’s sales force, engineering department, returns department, and those
responsible for developing and implementing the brand owner’s anti-counterfeiting plan so that
suspicions regarding potential counterfeiting can be confirmed and dealt with quickly.
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Brand owners should also look to their customers to help in the fight against counterfeiting. Where
the brand owner is involved in the manufacture of branded component parts the customer may be
the best source of information concerning counterfeit goods. In addition, brand owners should make
their customers aware of the steps taken to protect against the infiltration of counterfeit products and
enlist the aid of customers by training them to identify suspect products.