Develop a strategy
Counterfeiting and piracy is a risk factor to be dealt with at all development stages of a product, from the initial idea arises until the end product is put on the market. This is why a company must take into account a number of risks when developing specific guidelines for preventing fakes.
The effort in this development process includes considerations about
- Business strategy
- Communication strategy (external and internal)
- Legal aspects
- Practical preventive measures
When developing a strategy, it is beneficial to take a snap shot of the state of the company's IPR, covering all relevant problems. Below is a description of some of the relevant themes to consider when developing a strategy to prevent and counteract counterfeiting and piracy.
Firstly, thoughts about counterfeiting and priacy should be incorporated into the overall business strategy. Thus, plans for moving the production and other development activities should involve plans for avoiding copies of the company’s products. A company should identify points of risks in its production and implement precautionary measures to address these risks. This strategy could benefit from competencies within all departments, gaining support of the strategy throughout the organisation.
Secondly, it is important to consider how to meet the press and the consumers, if the products are nevertheless copied.
Thirdly, a company should work out a particular strategy for the enforcement of the company’s rights in case of infringement. In this way, the company is prepared to act swiftly. The plan should include clear guidelines for dealing with counterfeiting and piracy and provide for necessary resources for the task. It is impossible to outline the best strategy for dealing with counterfeiting. For one company a zero tolerance approach is the best solution. For others, it is better to follow a strategy of settlement. Some companies choose not to react to counterfeiting at all, e.g. as a result of cost-benefit analyses. This approach however, is probably not durable in the long term. It may also be risky for a company to close its eyes and hope the problems will go away by themselves.