Intellectual
property protection |
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IP
protection Surveillance and investigation |
Many foreign
companies have run into trouble with counterfeiting in China: whether you
sell CDs, car parts, wine, or food, if your brand is valuable, someone will
try to make a knock-off. The Chinese
government is taking IP protection seriously, but you must work proactively
to protect your brand. As a
manufacturer, it is essential that you do everything possible to protect your
intellectual property, and the reputation of your brand. Chinese manufacturers also regularly
produce goods which are confusingly similar to well-known brand-name
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Sinogie’s
team of investigation experts can work with you at every stage of the
investigation process, from identifying infringers to arranging trap
purchases, to organising raids on counterfeiting companies. Sinogie
works on intellectual property issues including trademark protection,
copyright protection, counterfeiting, patent protection, and dealing with
confusingly-similar products. |
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If
you suspect that your product is being counterfeited in China, we can work to
identify the manufacturer of the counterfeiters. |
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Once
we have identified the counterfeiter, or if you already have an idea who the counterfeiter
is, we can conduct in-depth research into the target company. Searches
of government records will allow us to establish whether the target is a
legally-established company. This lets
us identify whether action should be taken against a company, individual
people, or both. If the target is a
company, we can conduct a company search to
identify the owners of the company, and to provide you with information on
the targets’ manufacturing capability, its assets, and its financial
situation. |
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We
then typically pose as potential customers of the infringing company. This allows us to visit the target’s office
and factory, and identify where infringing products are manufactured and
stored. We can also examine the target
company’s manufacturing capabilities, discuss the company’s target markets
and sales and marketing techniques, and collect other evidence relevant to
the case. At this stage, we also often
collect samples of the counterfeit products.
In some cases, it is then necessary to arrange a trap purchase. While
the investigation continues, we can also arrange covert surveillance
of the target company, and of the individuals involved in the
counterfeiting. In many cases, we can
also check targets’ telephone records.
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Through
our partnership with a Chinese law firm, we then work with the relevant
Chinese authorities to arrange for a raid of the target company’s
premises. Depending on the severity of
the case, this can lead to anything from the authorities seizing the fake
products through to the counterfeiters being fined or having their factories
closed down, or to the counterfeiters being arrested. While
many foreign companies complain that IP protection in China is almost
impossible, most say this because they’re taking the wrong approach: they ask
local police forces to seize counterfeit goods at the retail level, and don’t
expect to have to do anything themselves.
They don’t understand that Police resources are limited, or that
seizing fake products at the retail level is a waste of time and resources. The
Chinese government is very keen to protect both foreign and domestic
intellectual property, but it can’t do everything by itself: IP owners need
to work to protect their brands, and need to cooperate with the authorities,
rather than just complaining. Sinogie’s
approach involves proactively seeking out counterfeiters and closing down the
supply at the source. By working with
the Police and other local authorities, and providing them with the
information that they need, we create
a spirit of cooperation, and can close down vast sectors of the
counterfeiting industry in a single stroke.
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Confusingly similar products Our
IP protection work does not only involve anti-counterfeiting projects. We also assist clients in identifying and
taking action against manufacturers of products which are “confusingly
similar” to their own brands in their use of brand names, packaging or
promotion. Our
research into manufacturers of confusingly similar products brings together
our skills in conducting company searches,
market research, and industry research. A project can typically include background
reports on the manufacturer; the amount of the infringing product that the
company is producing; the history of the product; information on the
company’s advertising and promotion; surveys of consumer awareness of our
client’s product and the infringing product; and information on the
infringing company’s sales, distribution and market penetration. |
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For more information on
how Sinogie can help you protect your intellectual property, please e-mail us, or call our Sydney sales office on +61 2 8705 5435. |
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