Develop a strategy
Its important to develope a strategy
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 IPR, covering all relevant problems. Below is described some of the relevant themes to consider in the development of a strategy to prevent and counteract counterfeiting and piracy.
Firstly, thoughts about counterfeiting and piracy should be incorporated into the overall business strategy. Thus, plans for moving the production and other development activities should involve plans for avoiding counterfeiting and piracy. 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 entire company.
Secondly, it is important to consider how to meet the press and the consumers if the products are subject to counterfeited or piracy.
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 handling counterfeiting and piracy and provide for necessary resources for the task. In addition, the following could be done;
Investigate future suppliers before entering agreements. Obtain as much information as possible about prospective suppliers before entering into an agreement in order to minimize the risk of importing or purchasing counterfeit og pirated goods. Relevant information can be;
- Has the supplier been involved in infringement cases before
- Experiences from other companies concerning the particular supplier
Continuous monitoring of the market. If the products the company is importing or purchasing are often subject to counterfeiting or piracy, check relevant websites where the products are sold. Thus, the company can find information about who is selling fakes and where the fakes are coming from. Alternatively, the company may have an adviser perform this task.
Demand proof of genuineness. This is especially important if the company buys products from someone other than the original manufacturer. The demand emphasises that it is important for the company that the products are genuine. If the products are genuine, it should not be difficult for the seller to obtain this proof. Proof includes documentation that the goods have been sold to the supplier.
Obtain suitable cooperation agreements with suppliers. Cooperation agreements should address the issue of counterfeiting and piracy expressly. Insert demands into agreements with suppliers and/or manufacturer for coverage of losses should the products turn out to be fake. Even though the sale of counterfeit and pirated goods is illegal, a specific demand for compensation will emphasise the importance of the genuineness of the products.