Facts prove, In the fight against counterfeit goods, Advanced anti-counterfeiting technology is changing the game. however, unfortunately, The criminals behind the counterfeit goods trade are equally keen to exploit the latest innovations. Frontline experts from key global markets are worried, Although emerging technologies are indispensable in the fight against online counterfeit goods, But it's moving so fast, May keep brand owners always one step behind counterfeiters.

On the basis of "World trademark Review" (WTR) The latest issue "Online Enforcement Guide for anti-counterfeiting and branding" The statement of the main contributor, It is not enough to fight technology with technology——The best solution is to take a hybrid approach. From China, Germany, Leading practitioners in India and Italy on what steps brand owners should take to protect themselves, And how governments and courts around the world are stepping up their efforts to address ongoing challengesWTRProvided informed insights.

technology——The battle between good and evil

Blockchain is changing the way intellectual property is enforced

Given the speed of technology, In the fight against counterfeit goods, It is not surprising that it has been front and center. Be fromCohausz & FlorackReinhart from the law firm．Fisher (Reinhard Fischer) And Tamara．Mohr (Tamara Moll) consider, Artificial intelligence and blockchain technology are key advances in anti-counterfeiting. They are "Trademark enforcement assistance, Patent and design rights" , And blockchain is providing security by doing that, Traceable product records to come "Change execution" .

Businesses must seek to adopt emerging technologies

Piracy and infringement monitoring platform Red Dot, among others, is using AI "Identify counterfeit products and infringing trademarks online" . At the same time, International Business Machines Corporation (IBM) Partnered with Walmart to track pharmaceutical products on blockchain, It is also an important example of collaborative use of cutting-edge innovation.

Fisher and Mohr urged companies to shift their focus to other technological developments (Such as, Nanooptical technology for packaging and product labeling) , These technologies provide "High security holographic features that are almost impossible to replicate" .

In other respects, Be fromDe Penning & De PenningRucci from the law firm．Singer (Ruchi Singh) , Rommel．Pandit (Rommel Pandit) , Palamita．Nandi．Gupta (Paramita Nandy Gupta) Hoa Sonu．Shaji (Sonu Shaji) Insist on, Enterprise adoption of the latest available technology is "imperative" . Examples of major technologies include:

－Radio frequency identification technology that stores information on the device and connects to the Internet to obtain real-time data;

－NFC tags can be embedded in tags; and

－A smartphone app that helps consumers check the authenticity of products, As well as fingerprint and contact chips.

Deep falsification is developing

Fisher and Mohr report, While innovation is helping brand owners make significant strides in enforcing intellectual property rights, but "The world of counterfeiting is growing in tandem" . "The spread of deepfakes and increasingly sophisticated counterfeiting techniques pose a serious threat" . Counterfeiters are now able to create near-perfect products, Copies of documents and even digital identities, This makes it all the more important for brand owners to invest in advanced anti-counterfeiting software. "Use artificial intelligence and machine learning tools, Businesses can analyze and predict patterns of counterfeit activity, This enables active identification of potential threats. "

Internet problem

The decentralization of the Internet is also proving to be a big problem. Fisher and Mohr revealed: "The decentralization and anonymity of cryptocurrencies provides new avenues for illegal trading of counterfeit goods. " And Singh, Pandit, Gupta and Shaji worry "With the rapid development of e-commerce and decentralized Internet, Tackling counterfeiting will become increasingly difficult" .

Xue Yupu from Beijing Kangxin Intellectual Property Agency (Elian Xue) consider, "With the popularity of e-commerce and live streaming, Online sales have become one of the main channels for fake and shoddy products, The anonymity of online sales makes infringement more subtle and complex. "

From ItalyIP Law GalliCesare of the company．Cary (Cesare Galli) I also realized the dangers of online trading. He insisted that, "It's not just about websites or meta-universes. By hidden link (Advertising fake products on social networking sites) ——It provides codes for ordering from websites that ostensibly supply legitimate products, Social networks are becoming a popular destination for fake products. "

Technology does not always solve technical problems

Gali was adamant, Network monitoring is essential, And Singh, Pandit, Gupta and Shaji expect that artificial intelligence and blockchain solutions will be able to provide effective methods, "Through a more robust authentication system" Improve supply chain transparency, But offline action (Such as, Training institution, Customs and border protection and consumer education) Is still vital. The impact of reporting to the various competent authorities and initiating civil proceedings should not be underestimated, Gali thought "criminal, The combination of administrative and civil litigation is the most effective strategy" .

Xue Yupu agrees. She says: "When fake products are sold online, In-depth online and offline investigations as well as comprehensive enforcement actions should be considered, Such as conducting raids or taking criminal action. "

Offline action

Brand owner, Retailers and governments must work together to innovate, And stay ahead of the counterfeiters.

The fight against counterfeit products in the Italian courts

In Italy, As the country's courts crack down on online counterfeiting, The fight against counterfeiting shows no sign of abating. On the front lines of the fight against counterfeiting, Gali disclosure, Judges in Italy's specialized intellectual property courts receive extensive training, "During this period, They are on the metaverse and through non-homogenous tokens (NFT) The fraud behavior has been studied in depth" .

The court in Rome has issued a crucial ruling on the issue, Every commercial exploitation of another's trademark is subject to sanctions. An Italian court has also issued a moving injunction, The admissibility of the ban (admissibility) Be regarded as "undisputed" .

At the same time, The Naples Court of Appeal recently handed down a landmark ruling, Exclude accessories and consumables from the design／Outside the scope of the model repair terms, this "Make the protection against design fraud more effective" .

Sino "Zero tolerance" policy

China is paying more and more attention to IPR protection, And to promote it as a national strategy. Xue Yupu reported, The Chinese government is working hard to pass legislation and policy measures, And better enforcement, To continuously strengthen intellectual property protection.

She revealed: "By amending and improving relevant laws and regulations, Penalties for IPR infringers will be increased, The cost of breaking the law has increased. " She is adamant that this has had a deterrent effect on counterfeiters.

In turmoil, The future is full of hope

In the field of anti-counterfeiting, So to speak, Technology helps, It's also resistance.

For brand owners, It is crucial, Be proactive, Instead of reacting to it, They should take advantage of key emerging technologies, Use it as a force that can detect and stop the sale of counterfeit products.

however, With the development of technology, Those efforts could suffer, So taking action offline remains important. Around the world, The government and the courts are taking tougher enforcement measures, And change major laws, With a constant effort to stay ahead of counterfeiters online and offline.

this "Anti-counterfeiting and Online Branding Enforcement Guide" Will be the latest strategic analysis with multiple countries around the world (district) The practical exploration of the best conservation measures is combined. The latest version is available2023years9Monthly Release. (Be compiled fromwww. worldtrademarkreview. com)

TRANSLATORS: Wang Dan　proofread: Rason group



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