Category: Online Brand Protection

Anti-Counterfeiting Challenges in the Asia-Pacific Region

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By Bharat Kapoor, Vice President, Online Brand Protection, Authentix

The Asia-Pacific (APAC) region is home to more than half of the world’s population, nearly 60% of its internet users and a third of its GDP. The APAC region also represents the largest source of counterfeit goods in the world. China and Hong Kong serve as the main source countries for counterfeit goods, accounting for over 75 percent of all customs seizures globally.

Several other APAC countries also serve as significant counterfeiting hotspots. For example, India, Indonesia, Pakistan, Thailand and Vietnam are named in US Trade Representative (USTR) in either its Priority Watch List or Watch List. A significant volume of counterfeit sales now take place online, and many brand owners are devoting more resources to tackling counterfeit sales online than via brick-and-mortar stores. 

Online Brand Protection for Asia-Pacific Marketplaces

 

The size and complexity of the APAC region make it difficult for trademark owners to comprehensively track and enforce IP violations. Nevertheless, a well-planned online brand protection strategy can tangibly reduce levels of online counterfeiting. This article provides a snapshot of a few best practices by Authentix Online Brand Protection , which represents some of the world’s largest brands.

Prioritising Online Marketplaces and Platforms 

An effective online brand protection strategy targeting the entire APAC region typically involves scanning some or all of the following marketplaces — some global, some local, but all frequently targeted by counterfeiters:

  • AliExpress
  • Amazon
  • Bukalapak  
  • Carousell
  • Coupang
  • DHGate
  • eBay
  • Flipkart
  • Indiamart  
  • Lazada
  • Pinduoduo 
  • Pandabuy
  • Taobao
  • Temu
  • Shopee  
  • Snapdeal
  • TikTok/Douyin
  • Tokopedia  
  • WeChat/ Weixin 

It is important for brand owners to use sophisticated software and AI tools when searching for counterfeit listings, as counterfeiters often evade search tools on online marketplaces by using deceptive keywords and images. 

Brand owners will also benefit from human expertise when reviewing the data, which can  provide important strategic advice to brand owners on the best route for takedowns. For example, for a young fashion brand, a single rogue seller on YouTube or TikTok promoting counterfeit products on live streams or on their profile may inflict greater harm than multiple listings of the same product on online marketplaces. In such scenarios, the Authentix Online Brand Protection team would be able to provide valuable insights into the popularity of the seller, levels of engagement with consumers, and product reviews (that a simple search tool would not reveal).

Human expertise is also useful when carrying out test purchases. Such transactions often involve interactions with rogue sellers on social media platforms. Valuable intelligence can be gathered using such chats. In addition to online marketplaces, brand owners should also search for standalone websites selling counterfeit goods. Such websites may be taken down using a variety of methods.

Failings of Online Marketplaces: An Analysis of USTR Submissions

Trade associations representing brand owners have consistently submitted to the USTR that online marketplaces are failing to do enough to prevent counterfeiting. Conversely, online marketplaces tend to dispute or evade these criticisms. The most recent set of submissions to the USTR, in late 2022, again demonstrates this. For example:

    • WeChat/Weixin was criticized for being ‘overly bureaucratic’, ‘time- consuming’ and ‘often ineffective’ takedown process.
    • Alibaba.com faced criticism that  included ‘an ineffective repeat infringer system’; a tendency to demand ‘burdensome documentations’; and demands for ‘very detailed comparison reports’ from brand owners. 
    • AliExpress.com faced criticisms that included poor compliance with takedown notices; ineffective seller vetting mechanisms and controls against repeat infringers; insistence on excessive documentation; and the frequency of misleading keywords and hidden links. 
    • Taobao was criticized for poor compliance with takedown notices, as well as insistence on excessive documentation.
    • DHGate was criticized for ‘high levels of recidivism’; inadequate seller vetting and disciplinary processes; and a flawed ‘premium’ seller system (which potentially allows counterfeiters to register as premium sellers, by simply paying a fee, and evading IP monitoring).
    • eBay was criticised for having a ‘lax repeat infringer policy’ and for becoming ‘a haven’ for counterfeiters of certain brands.
    • Facebook and Instagram was criticised for a lack of pro-active monitoring for counterfeit products; weak vetting of sellers; inadequate action against repeat infringers; ineffective and hard-to-use IP tools; requirements for excessive documentation; and the inability to prevent misleading hashtags.

What Can Brand Owners Do?

Brand owners will inevitably face a degree of pushback from online marketplaces. Rather than be discouraged, it is advisable for brand owners to use every avenue possible to elicit cooperation from marketplaces. This includes:

    • Approaching platforms in cases of unsatisfactory responses to complaints.   
    • Advocating for copyright and IP enforcement through trade associations to hold marketplaces accountable.
    • Setting up consistent monitoring technologies to scan these marketplaces. AI-powered searches covering all the major marketplaces, platforms and digital networks can help ensure nothing slips through the cracks. 
    • Using every avenue to conduct product takedowns through online marketplaces and apps. 
    • Ensuring legal documentation is in order and you also have trademark or copyright registration in various countries in the Asia Pacific region to work with the apps and marketplaces and make takedowns easier. 
    • Working with an online brand protection team well versed in the legal standards and policies of countries in the Asia Pacific region. 
    • Having a customized online brand monitoring strategy that is tailored to your products and industry. A one-size-fits-all monitoring solution can often leave large gaps in coverage and fail to prioritize your biggest challenges. 

Anti-Counterfeiting Solutions for Asia-Pacific Online Marketplaces

Benefits of Authentix Online Brand Protection

Authentix provides some of the world’s most recognizable brands with sophisticated online brand protection tools and services to address a broad range of online infringement and counterfeit risks. From global online surveillance and enforcement, online investigations and site takedowns, target verification, and even offline investigations, Authentix helps major brands proactively reduce the threat of unauthorized likeness use and IP infringement. Our online brand protection solutions combine innovative technological tools and expert analysis to reduce infringements for our clients on online marketplaces, social media platforms, and websites by up to 90%. If you’re curious how Authentix Online Brand Protection can help protect against intellectual property infringement, schedule a consultation with our brand protection experts.
 
Bharat Kapoor, Vice President, Online Brand Protection, Authentix
Formerly the CEO of Strategic IP Information Pte, now a part of Authentix, Bharat has been focused on building effective global brand protection programs for over 250 brands across sectors such as fashion, FMCG, pharma, cosmetics, sporting goods wines, and spirits. He has led the development of the best-in-class machine learning-based online brand protection technology and developed effective global teams to investigate counterfeiting and piracy on the ground in China, Asia, and Latin America. Bharat Kapoor has a B.A. Honors from the University of Technology, Sydney. Prior to joining SIPI, he was an Associate Director at Ernst & Young India, where he led the business development and advisory services program for companies operating in the media, e-commerce, and advertising sectors.

 

Understanding the SHOP SAFE Act and How to Safeguard Your Brand

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In the digital age, a brand’s reputation is a crucial asset and one of the greatest threats a brand faces is counterfeiting. Whether it’s a popular weight-loss drug like semaglutide or designer apparel, the counterfeit market is thriving and costing brands billions of dollars every year. The impact goes far beyond financial losses; it puts consumer health and safety at risk. Due to the rise in harmful counterfeit products across a variety of industries, the US Senate Judiciary Subcommittee on Intellectual Property introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act. The SHOP SAFE Act is legislation aimed at reducing the volume of counterfeit sales online. It includes provisions such as holding platforms accountable for counterfeits that endanger consumer health and safety, requiring them to verify and display sellers’ identity and contact information, and terminating the accounts of repeat infringers.

Criticisms to the SHOP SAFE Act have led to the realization among lawmakers and courts that striking a balance between safe harbor principles and responsibilities is necessary, given the health and safety risks associated with counterfeit products.

The Impact of Widespread Counterfeit Pharmaceuticals

The surge in counterfeit pharmaceuticals such as semaglutide, better known under the commercial brand name Ozempic, has resulted in consumers falling seriously ill after purchasing these fake products online. After a huge surge in demand for the drug in 2023, pharmacies have struggled to keep it in stock and counterfeiters have taken advantage of the lack of availability by flooding the internet with fake semaglutide. Healthcare agencies in the UK have reported multiple cases of consumers falling seriously ill after purchasing counterfeit semaglutide online. Recently, a BBC investigation similarly uncovered cases of consumers buying counterfeit semaglutide pens from sellers on Instagram, WhatsApp and TikTok, with some ending up being hospitalized. Another example comes from Austria where several patients injected with suspected counterfeit semaglutide were hospitalized after suffering from hypoglycemia and seizures. This reality underscores the importance of the SHOP SAFE Act and why brand protection is no longer a choice but a necessity for businesses and consumer protection.Successful Online Brand Protection Solutions by Authentix

To dig deeper into the extent of the counterfeit semaglutide market, Authentix Online Brand Protection (OBP) scanned multiple platforms and found several suspicious listings of semaglutide across social media and messaging apps and online marketplaces.

In the absence of a detailed investigation, it is difficult to establish which of these products are counterfeit and governments and the industry would benefit from investigating such listings in greater detail. For example, many suspicious listings found by Authentix OBP contained clickbait hashtags like #weightloss and #ozempic. These could serve as a starting point for an investigation. Further, selling even genuine semaglutide without a prescription is an offence in most jurisdictions. Listings of such a nature should automatically be taken down by platforms without insistence on documentation such as IP registration certificates. Similarly, parallel imports should also be treated by platforms as serious cases, not least because these products may be tampered with and may also contain literature in languages not native to the country of sale. The same goes for a significant reduction in retail price — a common tactic employed by rogue sellers to lure consumers. To truly bust the counterfeit semaglutide market, however, will require a sustained cross-border effort that targets known high-risk marketplaces and platforms, and eventually results in physical investigations and enforcement actions.

The Importance of Counterfeit Prevention

Authentix OBP recommends brands check a wide range of sites for infringing products as new listings and new marketplaces for counterfeit goods pop up every day. Between constant monitoring of online marketplaces and e-commerce sites, implementing cutting-edge technology to detect infringing listings, and expert-led takedowns of counterfeit listings, a full online brand protection solution helps brands protect their company and customers from counterfeiters.

The SHOP SAFE Act places an obligation on companies to protect their consumers, and Authentix OBP equips brands with the power and tools to do so – a perfect synergy for safeguarding your brand’s integrity and keeping consumers safe.

About Authentix Online Brand Protection

Authentix provides some of the world’s most recognizable brands with sophisticated online brand protection tools and services to address a broad range of online infringement and counterfeit risks. From global online surveillance and enforcement, online investigations and site takedowns, target verification, and even offline investigations, Authentix helps major brands proactively reduce the threat of counterfeit products being sold online. Our online brand protection solutions combine cutting-edge technological tools and expert analysis to reduce infringements for our clients on online marketplaces, social media platforms, and websites by up to 90%.

Want to see what Authentix OBP can do for your company? Our team is committed to working with you, understanding your unique challenges and requirements, and providing tailored solutions that best fit your industry and the unique challenges your brand faces that make a tangible difference to your brand. Schedule a consultation with one of our brand protection experts to learn more. 

Q&A on Intellectual Property Protection & Enforcement

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By Bharat Kapoor, Vice President, Online Brand Protection, Authentix

The International Anti-Counterfeiting Coalition (IACC) recently asked our VP of Online Brand Protection, Bharat Kapoor, his thoughts on intellectual property protection and enforcement and here’s what he shared:

What are the top 2 challenges in IP enforcement you see affecting your industry over the next year?

On the one hand, as online sales occur in an omni-channel environment, brands need to focus on collecting and analyzing the right set of data to make connections and take down infringing distribution channels collectively. On the other hand, ecommerce marketplaces and social media are making it increasingly difficult for brands to access sellers on their platform, with search and enforcement tools becoming less effective at tackling the range of issues online. Brand protection teams need to address these challenges by having targeted strategies supported with data and insights to deliver results and to avoid being overly reliant with on-ground investigators.

Can you provide your top 2 best practices for protecting IP?

Intellectual property protection and enforcementFirst, it is important to have registered IP rights and the ability to authenticate products efficiently. Second, the ability to collect and analyze high-quality data and manage a range of enforcement activity efficiently across hundreds of marketplaces globally is the most important factor in protecting IP. Authentix’s online brand protection solution and service platform gives our clients the ability to find and connect activities on a range of issues across ecommerce channels and further enables our global services team to manage these brand protection activities at scale. We also have active channels of communication with marketplaces to continuously address online threats collaboratively, and actively call out their lack of cooperation publicly.

What hobbies or causes are you passionate about?

We are deeply committed towards sustainability and Authentix Inc. has funded numerous environmental and educational projects in Africa, South America, and many other communities we serve. We have also implemented best practices on sustainability within the global organization. We have been following industry discussions on upcycling of counterfeit goods, and we have supported our clients in building strategies in certain countries. We are passionate about using our skills to support causes that positively impact the environment and conducting investigations into issues such as the illegal trafficking of birds and wildlife. Delivering results on projects such as these reenergizes me and our team to continue to fight against illegal activities online.

Want to learn more about how Authentix can help protect against intellectual property infringement? Schedule a consultation with our brand protection experts today.

Bharat Kapoor, Vice President, Online Brand Protection, Authentix
Formerly the CEO of Strategic IP Information Pte, now a part of Authentix, Bharat has been focused on building effective global brand protection programs for over 250 brands across sectors such as fashion, FMCG, pharma, cosmetics, sporting goods wines, and spirits. He has led the development of the best-in-class machine learning-based online brand protection technology and developed effective global teams to investigate counterfeiting and piracy on the ground in China, Asia, and Latin America. Bharat Kapoor has a B.A. Honors from the University of Technology, Sydney. Prior to joining SIPI, he was an Associate Director at Ernst & Young India, where he led the business development and advisory services program for companies operating in the media, e-commerce, and advertising sectors.

Digital Avatars and the Perils of IP Infringement

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By Bharat Kapoor, Vice President, Online Brand Protection, Authentix

One of the visible recent trends online has been the rise of realistic, AI-generated celebrity avatars. These may take myriad forms (from 3D animations to chatbots) and are generated using a variety of AI technologies (including publicly available apps like Silver Studio and Lensa). Many well-known figures have jumped on the bandwagon and commercialized their AI avatars through strategic partnerships with brands and social media platforms — from Snoop Dogg and Kendall Jenner (partnering with Meta) to Slovenian NBA star Luka Dončić (who has commissioned a digital doppelgänger that can interact with fans on TikTok). In South Korea, an entire K-Pop band “Eternity” has been artificially created by a technology company, using deepfake and motion capture technology.

Legal Precedents Protecting LikenessDigital IP Infringement

The emerging trend of digital avatars brings with it several potential intellectual Property (IP) risks. These risks include false endorsement (by using an avatar to promote an unlicensed product); reputational damage (by using deepfake technology to make a celebrity appear to say or do something unsavory); or straightforward copyright infringement (by copying videos and images, which could then be commercially exploited in various ways, from use in NFTs to social media pages). There are judicial precedents on personality rights worldwide, including in cases preceding the internet, that can prevent wrongful appropriation. For example, in Midler v Ford Motor Co (1988), the singer Bette Midler sued Ford for using a “sound-alike” singer to imitate her voice in a series of commercials. The US Court of Appeals for the Ninth Circuit ruled in her favor, under a California tort statute that prohibited the use of a person’s “name, voice, signature, photograph or likeness, in any manner.” Subsequent cases in the US, UK, and many other countries, have reaffirmed the decision to protect public figures from unauthorized use of their image, likeness, or voice in advertisements or endorsements without their permission. Among recent cases, in April 2023, the Chinese Hangzhou Internet Court ruled that the image and related videos of “Ada”, an AI character created by a Chinese tech company, enjoyed protection under Chinese copyright law. The court further ruled that the defendant had engaged in unfair competition by using Ada’s images and videos to promote products on Douyin.

How To Protect Against Digital Infringement

While international precedents are undoubtedly helpful in protecting digital avatars and personality rights globally, at least two significant challenges remain. First, detecting the misuse of avatars can be difficult in cases where such misuse is widespread (often because rights owners have allowed the problem to fester). Such cases may require scanning hundreds of pages and sending an equivalent number of takedown requests. Second, stemming from the first, not all platforms may be receptive to cooperating with takedown requests. For example, relying solely on case law from foreign jurisdictions, in the absence of a domestic statute clearly recognizing personality rights, may not sway certain platforms to remove infringing products. Some platforms also insist on documentation and certain IP offices may not issue certificates explicitly recognizing personality rights. It is also plausible that some misappropriated avatars may deliberately include dissimilarities in order to resist takedowns. Platforms may also construe certain uses as falling within the realm of fair use, especially if such use is in contexts that are not outrightly commercial. These problems can be suitably addressed by using advanced IP surveillance software, supplemented by a team of experts handling the complex takedown requests, escalating issues to executives, and supplying robust legal reasoning. In the end, the misappropriation of avatars is still a relatively recent problem, and the attitudes of platforms are yet to be discerned. Nevertheless, experience shows that the above problems are highly plausible, which should cause rights owners to be both vigilant and realistic on matters of enforcement.

Authentix Online Brand Protection

Authentix provides some of the world’s most recognizable brands with sophisticated online brand protection tools and services to address a broad range of online infringement and counterfeit risks. From global online surveillance and enforcement, online investigations and site takedowns, target verification, and even offline investigations, Authentix helps major brands to proactively reduce the threat of unauthorized likeness use and IP infringement. Our online brand protection solutions combine cutting-edge technological tools and expert analysis to reduce infringements for our clients on online marketplaces, social media platforms, and websites by up to 90%. If you’re curious how Authentix Online Brand Protection can help protect against intellectual property infringement, schedule a consultation with our brand protection experts today. 

Bharat Kapoor, Vice President, Online Brand Protection, Authentix
Formerly the CEO of Strategic IP Information Pte, now a part of Authentix, Bharat has been focused on building effective global brand protection programs for over 250 brands across sectors such as fashion, FMCG, pharma, cosmetics, sporting goods wines, and spirits. He has led the development of the best-in-class machine learning-based online brand protection technology and developed effective global teams to investigate counterfeiting and piracy on the ground in China, Asia, and Latin America. Bharat Kapoor has a B.A. Honors from the University of Technology, Sydney. Prior to joining SIPI, he was an Associate Director at Ernst & Young India, where he led the business development and advisory services program for companies operating in the media, e-commerce, and advertising sectors.

Are Companies Held Liable For Fake Products? Video Perspective

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Did you know brand owners may be held liable for counterfeit products if they are unable to prove certain products are authentic or counterfeit? Learn how to protect your brand from counterfeit products damaging your reputation in this video perspective.

Is Your Brand at Risk from Online Counterfeiters in China?

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If your brand has experienced increasing difficulty enforcing trademarks and protecting intellectual property on Chinese online marketplaces and social media platforms, you’re not alone. Authentix represents some of the world’s largest and most recognizable brands with online brand protection solutions. Our team uses cutting-edge monitoring technology and expert analysis to provide customized online brand protection services including online monitoring, IP enforcement, and offline investigations to take down counterfeit listings on major online marketplaces, social media platforms, and e-commerce sites.

We provide our clients an integrated online brand protection solution unique to each company and industry that includes:

  • Tracking trademark infringement online and removing offers for fake products
  • Tracking pirated content online and removing infringing content
  • Conducting offline investigations
  • Assisting with enforcement or settlement
  • Supporting with legal research and drafting
  • Specialized services in China

Our machine-learning tools scan data from over 500 online marketplaces, platforms, and mobile apps — around the world and around the clock, identifying clusters of highly counterfeited products and major sites of counterfeiting. Authentix has proven to successfully reduce infringements and counterfeits on online marketplaces, social media platforms, and e-commerce websites by up to 90%. 

Online Brand Protection from Chinese Counterfeiters

Online Brand Protection Team in China

Authentix has a dedicated online brand protection team in China that conducts investigations both online (including through unique, crowdsourced WeChat and WhatsApp investigations) and offline. If your brand has ever come across counterfeiters originating from China, you’re not alone. Over 75% of counterfeit and pirated goods seized by US Customs originate from China. Brand owners all over the world frequently find their intellectual property unlawfully shown on Chinese ecommerce and social media platforms which serve as major distribution networks for counterfeit goods.

 

Enforcing your trademark in China can be incredibly problematic due to language and translation difficulties and challenges in Chinese trademark law. Our online brand protection experts specialize in enforcing IP rights in China. We have put together a free eBook to guide you through what you need to know to ensure your brand is protected from counterfeiters, including our top recommendations for brand owners. Click here to download your free guide to online brand protection in China.

Trust Your Online Brand Protection to Authentix

If you’re curious how Authentix Online Brand Protection can help protect your brand from illicit online activity in China and beyond, schedule a consultation with our brand protection experts today. 

Online Brand Protection Case Study Video: Counterfeit Medicinal Cream

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Authentix Online Brand Protection busts Asia-wide racket of counterfeit medicinal cream. See how our Online Brand Protection team was able to reduce counterfeit products for this pharmaceutical brand by over 95% in this video case study.

Can a Company Be Truly Sustainable Without Considering How to Prevent Counterfeiting?

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By Mike Consterdine, Brand Account Development Manager

Globally, many companies have committed to the fight against plastic pollution, with manufacturers changing components and materials to produce more recyclable packaging. The time and investment put into this sustainability goal is also a balancing act with businesses becoming carbon neutral.  

However, a sometimes forgotten consideration is that counterfeit products entering the supply chain may lack sustainable materials and are often unsafe and non-compliant. In this light, an essential component of sustainability efforts is to prevent counterfeiting.

The main motivation for those conducting illicit trade is financial gain. Therefore, there is an overwhelming argument that sustainability is not considered in the manufacturing, distribution and sale of counterfeit products. Counterfeiters manufacture these goods in factories that are often unregulated and include cheaply sourced and substandard materials that are not only harmful to workers but also contribute to the pollution of the environment. 

So the question is, can companies truly achieve sustainability while at the same time not considering or having a plan to remediate counterfeit goods? We’ll see that sustainability and counterfeiting prevention go hand-in-hand.

The Impact of Counterfeiting

While it’s well-known that counterfeiting and intellectual property infringement supports organized crime, there are also other societal impacts to consider:

  • Illicit trade rings traffic people across borders for exploitative labor, often in abhorrent conditions with little or no compensation. 
  • Across multiple sectors, including apparel, consumer goods, cosmetics, electronics and pharmaceuticals, counterfeit products have been proven to contain hazardous and toxic elements. When those products come into contact with a person or are consumed, they can be harmful or even fatal.
  • Counterfeit or non-compliant products may find their way into legitimate manufacturing and distribution channels, compromising supply chain integrity. This results in companies being unable to prove that the product or process adheres to company sustainability statements and practices.
  • When counterfeit products are seized, there is an opportunity to reuse or recycle them. However, de-labeling a branded item is not always possible as this process can also be costly, and some product materials are unsafe to reuse. In these circumstances, the products will be destroyed by court order, impacting the environment with further waste and pollution.

The ability to prevent counterfeiting substantially reduces all these risks.

How to Prevent Counterfeiting

There are many ways companies can prevent counterfeiting. First, they should conduct a comprehensive review of intellectual property rights and supply chain channels. This process will provide insight into the strengths and weaknesses of company processes and their IP portfolio. The results allow efficient and effective decision-making by legal, regulatory and enforcement teams and support sales, marketing and operational divisions.

The next essential step, even if the company has an in-house brand protection specialist, is collaborating with key partners. These partners can include regional enforcement teams, online brand protection service providers and those who are experts in securing products through authentication and traceability solutions.

Brand Protection Services to Prevent Counterfeiting

An online brand protection company can assess the market while providing an overall view of the extent of the IP infringement problem, whether that be in counterfeit, design or copyrights. Engaging a third-party provider for brand protection services assists in time management. They also can conduct online takedowns and provide actionable intelligence for prioritizing offline targets.

By applying a unique and secure identifier to a product or packaging, a product can be authenticated or tracked through its lifecycle, with all data on the product stored in a cloud-based platform for various business functions. Consumers or field investigators also can immediately authenticate a product by scanning the identifier via an app, a forensic reader or a mobile/cellular device. 

By implementing these strategies, a company can mitigate its risk of counterfeiting, diversion and non-compliant products entering the legitimate supply chain. 

Return on Investment

Brand protection can be seen as a cost center. But a return on investment can be determined by increased consumer confidence through fewer customer returns, higher sales driven by the removal of infringing online content and offline target prioritization. Brand protection can also help avoid costly product recalls, which will likely increase emissions, representing another link between preventing counterfeits and sustainability

Implementing secure brand protection technologies can also lead to more efficient processes and less waste, supporting company sustainability initiatives.

Combining Sustainability and Counterfeiting Prevention

While counterfeiting can be deemed a byproduct of a successful business, it can irreparably damage a brand’s reputation with customers and the general public. It also invites questions regarding what the intellectual property rights holder is doing to prevent unregulated, often harmful, illegal practices.

Corporate social responsibility is often seen as a buzzword. But, when it comes to consumer trust and sustainability statements, it is imperative to consider all factors. Reviewing component sourcing, manufacturing processes, policies and regulations is only the start to increasing sustainability. 

Brand protection, online and offline, is more than “stopping the fakes.”  It’s also about protecting reputation, human life and the environment. 

Ready to Learn More?

SCHEDULE A CONSULTATION

Trust Your Brand Protection to Authentix

As the authority in authentication solutions, Authentix brings enhanced visibility and traceability to today’s complex global supply chains. For over 25 years, Authentix has provided our clients with physical and software-enabled solutions to detect, mitigate and prevent counterfeiting and other illicit trading activity for currency, excise taxable goods, and branded consumer products. Brand protection is an integral component of our services.

Through our proven client partnership model and sector expertise, we offer custom solution design, rapid implementation, consumer engagement and complete program management to ensure product safety, protect revenue and maintain consumer trust and loyalty for the best global brands on the market. Contact us now to see what we can do for your brand.

Mike Consterdine, Account Development Manager for Brand, Authentix
Mike Consterdine has been involved in the Brand Protection industry for nearly 15 years, helping brands secure their products through protection and enforcement of their IP portfolio. Having worked as an external investigator for a number of global luxury and apparel brands, Mike also developed and managed the international enforcement program for a leading consumer electrical appliance manufacturer.

Using his wealth of knowledge in the field he is able to consult brand owners on best practices in anti-counterfeiting and anti-diversion programs. Representing Authentix, Mike will be able to outline how secure product marking enables authentication and traceability, whilst online to offline brand protection enables business growth.

Mike explains that Brand Protection is “a passion as well as a profession, protecting people is the reason. Whether you have counterfeiting, diversion or fraud issues, it’s key to be proactive and collaborate with your network to be successful in any Brand Protection program.”

To learn more about our brand protection solutions and how we can help you, please email Mike at Mike.consterdine@authentix.com.

Online Brand Protection Case Study: Counterfeit Medicinal Cream

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Authentix Online Brand Protection busts Asia-wide counterfeit racket of counterfeit medicinal cream.

THE SITUATION

According to the Organization of Economic Cooperation and Development, the global counterfeit trade in pharmaceutical products is valued at over USD 4 billion. The harmful and often fatal effects of ingestible and injectable fake medicines, especially lifesaving medicines, dominates the media. While the most frequently counterfeited medicines typically comprise antibiotics, painkillers and anti-malarial drugs, significant health hazards may also be caused by counterfeits of nonessential medications, such as dermatological creams and lotions. As these products can usually be bought over the counter without a prescription, rogue manufacturers may find an opportunity to sell dubious lookalikes on online marketplaces at deeply discounted prices.

THE CHALLENGE

Our client asked Authentix to use online brand protection strategies to help alleviate counterfeiting risks with one of its most successful and recognizable products: a patented, clinically proven dermatological cream that can reduce and soften visible scarring. Our client’s product is instantly recognizable by its distinctive packaging design and logo, which counterfeiters attempt to imitate and deceive unsuspecting consumers. The increased global popularity of the product has attracted the interest of rogue traders attempting to sell counterfeits on various e-commerce platforms, especially in Asia.

THE SOLUTION

Authentix’s Online Brand Protection (OBP) solution encompassed an in-depth investigation of online marketplaces, a targeted test purchase plan from high-risk sellers, online and offline investigations, and takedown notices. Authentix OBP scanned over 500 popular e-commerce and social media platforms, focusing particular attention to those with a presence in China.

THE OUTCOME

Fake products seized during raids in China

Through a combination of automated, proprietary software and manual monitoring, Authentix OBP discovered and ultimately removed over 22,000 suspicious listings from over 8,000 sellers in a 12 month period, representing an estimated stock value of USD 12.8 million. Unlike many instances of counterfeiting where fake products tend to cost much less than the original products, the prices of several suspected counterfeits detected by Authentix OBP matched those of the brand owner’s retail price. Authentix OBP filed an estimated 2,000 monthly complaints and maintained a 97% success rate across platforms. Further, based on intelligence from Authentix OBP’s investigations, 35 successful raids were conducted in China, leading to the seizure of illicit product valued at over USD 950,000.

Authentix OBP also monitored and targeted grey market activity and within the same 12 month period, helped the client reduce not only counterfeit activity by 95%, but also reduce grey market activity by 65%. Conducting raids was a complex exercise and was preceded by hours of online investigation, evidence-gathering, and site visits. It was also important to work in conjunction with law enforcement and plan each raid with an element of surprise. For example, a raid in one Chinese Province, which yielded 380 fake products worth nearly USD 120,000, required close cooperation with Chinese authorities. Authentix OBP was able to investigate the rogue manufacturer identify the principals behind it, gain insights into their modus operandi. Authentix OBP relied on witness statements, chats on the popular Chinese social media app WeChat, and invoices and shipping documents.

Today, while attempts to counterfeit the client’s product have greatly decreased, the popularity and strong consumer demand for the product makes it essential for Authentix OBP to be vigilant and continue monitoring both online and physical marketplaces for suspected illicit activity.

ONLINE BRAND PROTECTION SOLUTIONS FOR YOUR INDUSTRY

If you’re curious how Authentix Online Brand Protection can help protect your brand from illicit online activity, schedule a consultation with our brand protection experts today. We combine cutting edge technological tools with expert analysis to protect your brand in online marketplaces with strategies unique to your industry.

Ready to protect your corporate brand from counterfeiters?

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ABOUT

As the authority in authentication solutions, Authentix brings enhanced visibility and traceability to today’s complex global supply chains. For over 25 years, Authentix has provided our clients with physical and software-enabled solutions to detect, mitigate, and prevent counterfeiting and other illicit trading activity for currency, excise taxable goods, and branded consumer products. Through our proven client partnership model and sector expertise, we offer custom solution design, rapid implementation, consumer engagement, and complete program management to ensure product safety, protect revenue, and maintain consumer trust and loyalty for the best global brands on the market. Contact us today to learn more about online brand protection services or our complete brand protection solutions.

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Are Companies Held Liable For Fake Products?

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By Stephan von Schilcher, Brand Protection Director, Authentix

Brand protection often isn’t the first thing on a company’s mind as they launch a new product. When a company sets out to design a product, they want it to be a hit. They strive to make it useful and helpful to people, and they want their customers to trust and love the new product. Many brand owners refer to their products as their “baby” due to the long and challenging process to get it just right, in addition to the thought and testing that goes into the product research and development process.

One of the most powerful practices a company should apply to their products is often overlooked and that is brand protection, which can protect a company from unforeseen liability costs and customer mistrust in emerging or gray markets. Estimates vary, but the total amount of counterfeit goods impacting the job market is astonishing — it’s responsible for the loss of 2.5 million jobs globally.

When Brand Reputation is on the Line

An expression often used in sales states, “You are only as good as your last deal.” Similarly, brand reputation plays a significant role in the sales of most products. More than ever, customers are informed and do their research, reviewing competitors and finding the best deal according to various factors such as quality, cost, and reputation. A positive brand reputation can take years to build and only moments to collapse. (For example, in 2019, Nike pulled its products from the Amazon marketplace in part to try to lessen the damaging effects that counterfeit goods were then having on its brand). A brand’s positive reputation can be ruined due to a counterfeit product damaging someone’s skin, hair, body, or health.Online Brand Protection Strategies

Any product that is a premium brand and popular (e.g., car parts, cosmetics, pharmaceuticals, clothing, or even bed sheets) will be counterfeited at some point and can severely damage the reputation of the brand name. It can take many years and a significant amount of money in marketing and legal fees to rebuild public trust. The risk of this predicament can be materially reduced or even avoided with an investment in a brand protection program right from the start.

Forgoing Brand Protection Is Not an Option

When companies decide to forgo a brand protection program for the release of a premium product, several adverse outcomes can occur. The product may end up in non-targeted marketplaces where consumers find counterfeited or unauthorized and often heavily discounted versions. In many cases, this could also happen with brand owners’ third-party manufacturers producing unauthorized products for their own benefit.

In these cases, brand owners may also be held liable for those counterfeit products because there is little way to prove the provenance or authenticity of the fakes vs. the legitimately produced goods. For example, if a consumer in the marketplace gets hurt by an unauthorized or fake product, the brand owner is often exposed to liability. The legal fees can pile up quickly with no end in sight, all while product sales drop due to the lack of consumer trust.

In addition to counterfeited products, there is the gray market where consumers may find a company’s genuine products sold by unauthorized distributors at deeply discounted pricing, such as being sold out of the “back of the truck” or through other nonstandard channels. These may include expired or out-of-season products where the selling price is much less than the Minimum Advertised Price (MAP).

Supply Chain Physical Visibility & Traceability Simplified

Navigating a solid brand protection program does not have to be overly complex or challenging to implement. For example, putting a digital identifier or UIM on a product is much like putting a license plate on a car. That plate’s unique letter and number combinations should only be found on the exact vehicle with matching registration.

The same goes for placing a security taggant and/or a secure digital code on a product — it is only made for that specific product. The quantity and size of the product’s merchandising and packaging will determine the best security feature(s) needed to later identify the authenticity and unique attributes belonging to the product.Brand Protection Strategies

A covert or visible encrypted QR code with a unique, serialized item level ID can provide track-and-trace insight for a brand owner. This can provide much-needed supply chain visibility and uncover gray market diversion. If there is a question of the authenticity of a product, a consumer or inspector can check for various covert and/or overt security features (depending on the brand protection program the brand has in place).

For example, when a company’s product is entering the country of destination, the border patrol can easily detect the proper security taggants and confirm the validity of the product, allowing it to reach the distribution and retail channel much faster without delays in customs.

Online Brand Protection for Added Peace of Mind

Online brand protection is another factor to consider. If a product is sold in an online marketplace, there are tools today that can make the authentication process even easier. Many providers now have image searching and can digitally compare images for authorized licensed goods offered on non-authorized sites. Also, as part of online brand enforcement efforts, inspectors can view the product image for special overt security features to help identify these suspect products.

Today’s modern online brand protection advancements allow for identifying fake products and providing ancillary services such as cease-and-desist letters and a formal process to request site takedowns from legitimate or dark web marketplaces. Online brand protection services can perform sample buys and help find, chase, catch, and investigate infringing operators in multiple marketplaces, shutting them down and further protecting your trademark.

Consumer Engagement & Authentication Significant to Growth

For traditional core brand protection programs, the growing trend of merging consumer engagement with digital product authentication in a single platform can be insightful for a growth-minded strategy. There are many technology options for both brand owners and authentication providers in developing these hybrid and dual-purpose programs. Such services allow consumer interaction for marketing purposes while forming large data sets to detect trends as the product’s journey is tracked.

As consumers become more vigilant and seek genuine products when shopping for premium brands, including a consumer engagement feature also provides an effective means of protecting products. Moreover, it enables direct engagement with loyal consumers to help increase both customer interaction and continued brand loyalty.

The Value of Complete Brand Protection

The return on investment of implementing a brand protection program from the beginning of a product’s introduction to the market is a valuable and worthwhile investment for several reasons. It can help detect fake or unauthorized products quickly, mitigate potential liability costs that may result, and help support a brand owner’s preferred market pricing by avoiding unauthorized gray market activity. Being able to police all third-party manufacturers can also be a crucial result of a well-implemented brand protection program.

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About Authentix

As the authority in authentication solutions, Authentix brings enhanced visibility and traceability to today’s complex global supply chains. For over 25 years, Authentix has provided clients with physical and software-enabled solutions to detect, mitigate, and prevent counterfeiting and other illicit trading activity for currency, excise taxable goods, and branded consumer products. Through a proven partnership model and sector expertise, clients experience custom solution design, rapid implementation, consumer engagement, and complete program management to ensure product safety, revenue protection, and consumer trust for the best-known global brands on the market. Headquartered in Addison, Texas USA, Authentix, Inc. has offices in the North America, Europe, Middle East, Asia, and Africa serving clients worldwide.  For more information, visit https://www.authentix.com.

Stephan von Schilcher, Brand Protection Director, Authentix
Stephan von Schilcher is Director of Brand Protection with nearly 20 years of international experience in anti-counterfeiting technology consulting and operations. His portfolio includes implementation of overt/covert authentication technologies and trademark screening software focused on industries of Consumer-Packaged Goods (CPG), Pharmaceuticals, Health & Beauty, Food & Beverage, Fashion, and Electronics.

At Authentix, Stephan sets priorities and guides strategies for clear solutions that increase consumer confidence and safety. He detects and evaluates vulnerable links in the supply chain to defend against negatively impacted revenue and brand integrity. He has established global partnerships for smart packaging components such as NFC, RFID, and QR, and is part of the leading team for Digital Product Passport packaging.

To learn more about our brand protection solutions and how we can help you, please email Stephan at stephan.vonschilcher@authentix.com.

Footnotes

1 BASCAP, Estimating the global economic and social impacts of counterfeiting and piracy, Frontier Economics, 2011

2 Elizabeth Segran, Nike tried playing nice with Amazon. Here’s why it didn’t work, Fast Company, 2019

 

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