What to do when your products are copied?
If your company has a strategy – follow your strategy. If the company has created a strategy for dealing with counterfeiting and piracy, this strategy should normally be followed. However, a company may also benefit from the following pieces of advice;
Contact your adviser. It can be difficult to determine the right approach in a specific situation. Should the company contact the manufacturer of the fake products and risk that they try to remove possible evidence? Should the company initiate injunction proceedings in which evidence is secured and the counterfeitand pirated copies are seized? Should the company file a law suit for the purpose of maximizing the preventive effect and possibly achieving compensation for loss of profit? It is important for the company, together with its advisers, to consider the available options.
Contact the appropriate authorities. Counterfeiting is illegal, and the company should always consider contacting the police in the relevant country, if IPR crimes are discovered.
As from 11 July 2013, rights holders can submit police report on IPR crime directy to the State Prosecutor for Serious Economic and International Crime. Such police reports can be sent by e-mail to email@example.com. The authority's physical address is; Kampmannsgade 1, 1604 København V.
Upon receips of a police report on IPR crime, the State Prosecutor for Serious Economic and International Crime will assess if the case should be handled by the state prosecutor or by the local police district. In this respect the state prosecutor will look at the expected complexity, size and international character of the case. In cases handled by the local police districts, the state prosecutor can provide assistance in the investigation and prosecution, especially in complicated cases.
A standard form for police report on IPR crime, which rights holders can use on a voluntary basis, is currently being developed.
In order to strengthen the enforcement against IPR crime, The Danish Director of Public Prosecutions (Rigsadvokaten) has launched several new initiatives in July 2013. Further information on there initiatives is available here (in Danish).
Concerning fake medicines, the company should contact the Danish Health and Medicines Authority.
In the case of other dangerous products, the company should also refer to The Danish Safety Technology Authority.
In some cases, the company will be alerted by the Danish Tax and Customs Administration (SKAT), because they have held back the import or export of a shipment of counterfeit products. In this case, the company must decide whether to initiate proceeding against the importer/manufacturer. The company may also seek advice from the Danish embassy in the country where the counterfeits have been produced. On this website there is a guide to the services provided by the Danish Customs.