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Intellectual property protection

 

 

 

 

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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 products.

 

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. 

 

If you suspect that your product is being counterfeited in China, we can work to identify the manufacturer of the counterfeiters. 

 

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. 

 

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. 

 

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. 

 

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. 

 

 

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.