Counterfeiting is the illegal production and sale of goods including packaging, bearing without authorization a trademark that is identical to a validly registered trademark or substantially and confusingly similar to it.
Counterfeiting damages brand owner’s reputation and lowers consumer confidence in the affected brands when purchasers discover that the products that they bought, believing that it was being sold under a recognized brand, is in fact not authentic. Counterfeiting is a problem for brand owners that requires a comprehensive brand protection including the application of end to end set of anti-counterfeiting strategies and tactics.
The Counterfeiting Challenge
In 2008, a study by the International Chamber of Commerce (ICC) estimated that the global value of counterfeit goods reached $650 billion (US) dollars every year. The same study projected that by 2015, the global value of counterfeit and pirated goods would reach $1.77 trillion (US) dollars annually. Counterfeit products make up 5-7% of world trade. More alarming is the fact that counterfeiting is expanding by over 15% every year. Consumer goods account for over 46% of the counterfeiting trade. This can be categorized into food an beverages, cosmetics, and other goods such as pharmaceutical, health and wellness products.
In today’s globalized pharmaceutical industry, it is estimated that 10% of all drugs distributed globally are counterfeits. In 2010, worldwide sales of counterfeit medicines were estimated by the WHO to be in excess of $75 billion (US) dollars annually, with some sources including the World Customs Organization approximating annual market value to be as high as $200 billion dollars.
Advancements in technology have made infringers better at averting detection and prosecution, requiring brand owners to take more proactive and innovative approaches to protect their brands. At The Orhii Law Firm, we seamlessly collaborate with regulatory and security agencies across international borders to pursue and pioneer remedies to protect your brand. We help you identify urgent enforcement issues that are strategic to pursuing and designing a campaign tailored to the needs of the client. Our team of experts can design and implement country wide, regional and global campaigns efficiently working with local and international law enforcement agencies. We maximize all possible legal remedies including pioneering strategies to invoke intermediary liabilities to effectively counter infringement in the most challenging markets. We bring vast experience and proven track record of success in the new technology frontier across various industries including Pharmaceuticals, Cosmetics, Food and Beverages, Chemicals etc.
Every successful brand faces different challenges. Typically our experience has been that the more successful a brand is in the market the more prone it is to counterfeiting. This means that in order to effectively protect their brands companies should consider it prudent investing 10-20% of their annual advertising costs on brand protection. In partnership with highly advanced anti-counterfeiting technology providers, we aim to prevent counterfeiters from profiting from your brand.
Our team combines professional expertise and cutting-edge technology to hunt down counterfeiters wherever they operate. Our services are customized to your specific needs. We will evaluate your portfolio of brands and the key marketplaces of interest including which markets and regions we should focus on and the associated risks. We design our recommendations to fit your budget so that you know what you are getting.
We provide assistance in product registration and other regulatory matters.
We are in strategic partnerships with technology providers that are leaders in brand protection across the globe including online marketplaces to put them at your service.
Our services are designed to prevent counterfeiters from profiting from your brand
We manage and coordinate local, regional or global enforcement programs. We assist in coordinating and monitoring multi-jurisdictional enforcement strategies, including cost effective methods such as self-funding and multi-brand campaigns.
We assist in notifying government agencies such as Customs, the USFDA, FBI, etc. about infringement on your products. We also train and sensitize the security agencies in strengthening procedures for detecting, intercepting and stopping the movement of infringing goods.
We provide pre- ligation services to mitigate costly proceedings through fixed- fee options in select jurisdictions for cease and desist letters. We also assist in mediation and settlements.
We assist in civil and criminal litigation. We provide expert advice and assist in gathering and organizing credible and admissible evidence.
We offer customized technology solutions. We evaluate and assess all available technology solutions and advise on the best options for protecting your brand.