Tod Datz wrote, a great article called ‘Faked in China’ for the Chief Security Officer Online.
The article starts with the lost of innocence of Will-Burt Co. , a producer of night-scan telescoping masts. After a honeymoon week Shenzhen Superway, Will-Burt’s exclusive distributor for China had re-engineered the products and had began, sans gene, with large-scale counterfeiting.
After this cautionary tale, the article continues with some explanations for the rampant IP infringements in China. Then it enlightens readers about three different kinds of infringement operations: by legitimate factories, joint-ventures and underground facilities. Besides Datz gives some explanations of the dichotomy between national action and local inaction on the enforcement of IPR.
After these plausible explanations Datz comes up with 13 anti-counterfeiting strategies:
1. Do your homework
2. Travel to China
3. Budget smartly
4. Protect your IP
5. Consult with officials from your governement
6. Pursue criminal enforcement if needed
7. Look at alternative enforcement strategies
8. Have a notarized, legalized power of attorney available
9. Show your presence at the factory
10. Have key people sign a noncompete agreement
11. Chief Security Officers (CSO’s) can lead in retaining private investigators
12. Consider anticounterfeiting technologies for your products
13. Look to industry associations, such as the Quality Brands Protection Committee, for help
Read the article here.
