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Counteract Counterfeits

By: Rick Van Arnam, Esq.
Posted: October 2, 2007

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Further, enforcement efforts are hampered by ineffective national policies in many countries, poor coordination among law enforcement, and fines and penalties so small that they fail to provide a deterrent and are viewed by counterfeiters as simply a cost of doing business.

Steps to Safeguarding Intellectual Property and Brands
Given the scenario above, what steps can a company take to help safeguard its valuable intellectual property and protect valuable brands? Experts recommend eight straightforward and effective measures.

1.  Register all your trademarks and patents in all the countries in which you do business, plan to do business or could conceivably do business—either selling or sourcing.

This should be a standard counterfeit prevention practice. The trademark laws of each nation are territorial, so merely filing in the U.S. or the EU will not safeguard you in other countries. You can help prevent trademark pirates from beating you to the trademark office in a country you now decide to do business in through foresight as to which markets you could potentially enter and registering your marks in those countries.

2.  Register your trademarks and trade names with U.S. Customs and Border Protection (CBP).