Page last updated on Wednesday, May 25 2005 at 1128 UK

Intellectual Property

Safeguarding design and innovation protects market share and reputation for quality

What is it all about?

Protecting copyright, trademark and patent from third party infringement. This includes safeguarding designs, ideas and branding as well as finished products.

Why is it important?

Intellectual property is at the core of any business with a portfolio of unique products or services. A company’s ideas and designs may take a great deal of time and money to develop and this investment must be protected against plagiarism.

Carefully balanced marketing strategies may be destroyed by oversupply of imitation goods to a particular market. Worse still, inferior copies of a product which bear the original manufacturer’s brand name can damage a company’s reputation for quality and safety.

The Symptoms

Often the first indication that intellectual property rights (IPRs) have been infringed comes when sales in a particular market decline despite strong consumer demand. This suggests that imitation products are entering the market either under the same brand name or as clear rivals. Sales of products in restricted markets and sales by unauthorised agents, dealers or retailers can also indicate that counterfeit goods are in circulation.

In many cases, imitation products and services are brought to light by dissatisfied consumers, who complain to the brand owner in the belief that they have made a genuine purchase.

The Solution

Whether the product is automotive parts, electrical products, cigarettes, clothing or pharmaceuticals, IP investigations usually follow a similar pattern. TKM will begin by determining the identity of the seller, which is often disguised in the increasing number of Internet-based transactions. From this starting point a thorough investigation is begun to establish the point of manufacture, the trail of revenue and the extent of the infringement. Liaison can then be undertaken with civil or criminal law enforcement agencies to put a stop to manufacture and distribution as well as taking civil redress for damages where appropriate.

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