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Counterfeiting consists in the illegal reproduction and distribution of goods which have been invented and patented by another company.
These goods are characterised by specific brand names or recognisable characteristics that are protected by industrial property rights.
The counterfeiting industry does not publish its accounts and its financial statements are not audited. Copies are almost always faulty. The most difficult part to evaluate is the damage caused by the weakening of the brand image, the losses in tax income and the significant social costs.
In order to prevent the reproduction of goods which are protected by industrial property rights, the company and licensees can equip themselves with adequate protection procedures. Through a careful analysis of the context in which the company operates, our experts can offer the following services:
- an assessment of the risks linked to intellectual property by performing vulnerability analyses in scenarios under which the company operates and at internal operation procedure level;
- development of strategies to manage, monitor and enforce portfolios;
- the establishment of compliance programmes for licensing contracts;
- offer assistance to legal experts to quantify the potential economical consequences;
- offer assistance to government agencies, customs and GDF (Inland Revenue);
- legal assistance (licensing contracts, utilisation and abuse of brands and patent, etc.);
- monitoring the counterfeited and suspected goods which are sold from on-line auction sites (by verifying prices, quality, origins and authenticity).
Benefits for our clients
The well structured implementation of an anti-counterfeiting program has prevented:
- the decrease of net sales and losses in market share;
- the devaluation of the industrial property rights and trivialisation of the products. This is particularly true for luxury goods where customer attraction mainly depends on limited distribution;
- the devaluation of marketing and advertising investments and their negative effect on strategic planning due to delayed recovery of investments;
- the damages of product image that leads to additional promotional costs linked to products and brands.