Anti-CounterfeitingAnti-counterfeiting is the practice of using Australia’s IP enforcement laws to prevent the sale of counterfeit goods in the marketplace by seizing them at the border upon importation and pursuing traders who sell them, including wholesalers, retailers and on-line traders.
Our servicesAt Actuate IP, we recognise that having to take anti-counterfeiting measures is an unwanted cost of doing business for many IP owners. We have recently acted for a multinational brand owner who is fighting to remove counterfeits of one of its extremely popular products from the Australian market.
As in that instance, we tailor our anti-counterfeiting programs so that they are inexpensive and streamlined but also in tune with the individual business needs of each IP owner. In other words, we don’t impose over-priced ‘sausage machine’ anti-counterfeiting services on our clients.
By way of example, the preparation of initial letters of demand and follow-up work are charged at a single low-cost fixed fee. In the event of litigation, we work with our clients to prepare detailed cost estimates – that we stick to. At the back end, we also take a tough approach to recovering legal costs from infringers.
As part of our package, we provide our clients with practical and strategic advice and manage enforcement campaigns by reporting at times that are convenient to busy instructors. We also offer low-cost fixed fees for managing and reporting on seizures made by the Australian Customs Service under a trade mark or copyright ‘Notices of Objection’. Our lawyers have vast experience dealing with Customs officers.
We also have a valuable network of excellent private investigators and barristers who know the field inside out.
What is counterfeiting?Recent years have witnessed an explosion in the popularity of counterfeit goods. It is estimated that counterfeits account for about $600 billion in global trade every year – or between 5% and 7% of the world’s economy – and that most of the proceeds go to organised criminals.
Counterfeiting is a serious problem and our lawyers at Actuate IP are specialists in assisting IP owners to tackle the issue in Australia.
Counterfeit goods are ‘fakes’ or ‘knock offs’ that imitate popular products illegally. Counterfeits are almost always of inferior quality and in many instances they are also dangerous – particularly in the case of drugs, infant formula, personal care products and cosmetics, mechanical products such as car parts and battery-powered products such as mobile phones.
Other industries affected by counterfeiting include entertainment, fashion, luxury goods and sporting merchandise.
In all cases, counterfeit products damage the reputations of legitimate brand owners, deprive them of income and, in turn, put jobs at risks and deprive governments of tax revenue.
Contact Colin Cheung or Joel Masterson to discuss working with Actuate IP.