Are Your Products Being Copied?
Manufacturers often have difficulty in establishing whether or not their products are being copied. The first clue often comes when a member of the public returns a product or lodges a complaint. Amazingly, however, few companies conduct the most elementary tests to verify the authenticity of returned merchandise. If a product is a watch or camera, its origins are recognized.
When dealing with articles such as perfumes, cosmetics or clothes, they are frequently replaced with a standard letter of apology. Sometimes the returned merchandise is forwarded to the production plant for examination. But mostly it is considered natural waste and merely written off. One British company, over an eighteen-month period, had more than twenty articles returned as faulty without releasing that none of them was genuine. The first hint of counterfeiting was only made known when it was provided by another member of the public who reported that the quality of the paintwork was so poor it could not be genuine! Copying of designs for pocket folders, business cards, stationeries for example are also rampant especially on the designs available in the internet. Some printing companies engaged in custom pocket folders, business card printing, and so on are already annoyed with this problem. Although there are many strategies that have been done like labeling of the pocket folders with the name of the company for example, the counterfeiters can still make copies because of the technology that we now have.
Many companies never consider the possibility that the fault may be theirs. The idea that the articles could be copied never occurs to them. Such carelessness is dangerous. Every returned product should be thoroughly examined not only to identify the faults, but also to check that the article is genuine. Companies should also pay attention to trade rumors that products are being copied. Such rumors may prove to be just that; but who can afford to ignore them?
One of the largest cases involving counterfeit jeans started as a rumor and it was only after months of investigation that the first bogus garments were discovered. Subsequently, it was proven that thousands of garments had been manufactured and shipped to the Middle East, where they were sold to site workers. It was only when the goods began to be sold in retail outlets in Europe that direct evidence was obtained.
Another frequent occurrence is the appearance of an informant. He arrives unannounced and is prepared to disclose all for a price. At that stage you may not be aware that you may even have a problem, and suddenly you do. What action should be taken?
First, be wary. The use of informants can be extremely precarious. The results can be disappointing or positively dangerous to one’s case and a waste of money. That is not to say that such informants should be ignored. Merely that their use should be carefully controlled and supervised. The information should be bound by a legal agreement and only paid when the case has been prosecuted.
Informants should be asked to produce positive evidence to support their claims and this initial evidence must be more substantial than mere artwork or test phials of perfume, both of which can be easily used to defraud an alleged victim. Demand evidence that can only be produced as part of a production run and at considerable expense, such as counterfeit bottles or metal fittings.
Second, ask experts for help. If you are satisfied that you have a problem and that your informant could be of assistance, you must then decide who can best deal with him. Ideally, the matter should be handed over to your lawyer or to an investigator. They must ensure that all the facts are properly evaluated and presented in a usable form. They must verify the evidence and complete the evidential chain.
Lastly, be wise. Be aware too that the use of informants can sometimes have an adverse effect. If a case is taken to court from informant evidence alone, expect some criticism. The defense will claim that he is a bought witness and was party to the actual conspiracy. This may discredit him as a witness and result in the court looking with disfavor on the entire case.
For more information, you can visit this page on pocket folders
Processing your request, Please wait....
