We thank all of the participants for contributing and sharing their expertise with us. Member companies are randomly chosen each month to participate as a way to connect and educate our member community. To view our previous member spotlights, click here.
What are the top 2 challenges in IP enforcement you see affecting your industry over the next year?
One of the biggest challenges we are currently facing in Chile, and will increase over time, is e-commerce. This presents challenges in different ways; one is where products are sold and storage. Many times, websites or social medias are not in Chile and products are shipped from outside of Chile. This makes the investigation procedure much more complicated. Secondly, products are shipped in small quantities. This presents a very challenging problem for Customs, as they don’t have the personnel to review every package and for brands which are not willing to take actions against a small quantity of products considering the high cost of the procedure.
What are your top 2 recommendations to a brand that is building up its IP enforcement program?
The first thing is, once it has its trademarks duly registered in Chile, to conduct the recordal before Customs. Even though not mandatory, it highly contributes to get more visibility from Customs officials. Customs in Chile has its own system, and they rely very much on the information included in the system. This will be the first source of information when conducting an inspection.
Secondly, I will highly recommend conducting a market survey in order to have a clear overview of the level of problems. Based on the information obtained it would then be possible to decide which are the next steps / actions to be taken.
What’s your favorite famous or inspirational quote?
What 2 things contribute to a successful brand protection program?
First, full support from company leadership. This support includes not only budget, but also true understanding and appreciation of the investment, risks, and rewards of a brand protection program. Support from c-suite is also key for successful implementation of new or refined internal policies that will protect the brand.
Second, a network of trusted and effective partners globally, including outside counsel and service vendors. Make every effort to meet your network in person so you are more than a name on an email, challenge their advice to see how they react, and don’t be afraid to make new connections or evaluate your current services if they are not meeting your needs. Often in foreign countries, you need your service providers to act on your company’s behalf through their own initiative and without full oversight, so having great trust in their work and judgment is essential.
How do you choose a 3rd party service provider? What things do you look for?
In considering a service provider, I rely heavily on referrals from colleagues. I have long-standing relationships with multiple service providers who came to my attention through referrals. I look for service providers who can be effectively proactive without wasting resources as well as can advise creative solutions to typical problems without subjecting the company to undue risk or cost. I also value responsiveness, as I manage multiple matters across the globe so I don’t have time to chase my service partners for updates or answers.
What’s your favorite famous or inspirational quote?
It’s not a quote exactly, but Occam’s razor is a problem-solving principle that the most likely solution is the simplest one, or alternatively, when you hear hoofbeats, think horses, not zebras! Keeping this principle in mind is helpful because brand enforcement often requires a certain amount of pragmatism when dealing with multiple global infringement issues simultaneously while balancing competing internal interests and ensuring your budget doesn’t spiral out of control. Lawyers can be accused of complicating things unnecessarily, not a completely unfounded accusation! So Occam’s razor is important to keep in mind as part of any analysis. It’s not foolproof of course, and does not always provide the best answer, but it does offer a guidepost in navigating brand enforcement issues. I find it helpful to apply to my personal life as well!
What are the top 2 challenges in IP enforcement you see affecting your industry over the next year?
COVID and supply chain issues have driven many manufacturers to consider diversifying their manufacturing outside of Asia. North and South American manufacturing will see growth and IP resources will require shifts to accommodate the diversification.
Rising inflation, and now interest rates, will continue to hit consumers’ pockets negatively. However, demand for goods will remain high. That combination of less spending power and high demand is a counterfeiter’s dream come true. While brands may look for ways to cut costs, IP shouldn’t be one of them as the issues are likely to increase. It’s important to remain vigilant.
What is one way a brand with a mature IP enforcement program can take their efforts to the next level?
Mature IP brands already know to register their marks, train Customs, monitor the web, etc. But often the consumer is overlooked as a source of IP enforcement. A well-thought-out consumer engagement program can provide mature brands insight into where, geographically, IP issues occur while gaining valuable marketing data about their consumers and buying trends. With the proliferation of smartphones over the last 15 years, consumers are often the best sources of near-real time data in the marketplace. And the expectation by millennials and Gen Zers to engage with brands in a meaningful one-to-one way offers an often untapped opportunity.
What’s your favorite famous or inspirational quote?
“There’s doing things right… and there’s doing the right thing.” Sometimes our best decision isn’t our most profitable or doesn’t exactly follow protocol… but it’s in the best interest of the employee, vendor or client. Be a human being first and the rest will fall into place.
What are the top 2 challenges in IP enforcement you see affecting your industry over the next year?
One of the greatest challenges in IP enforcement today is how counterfeiters use the virtual nature of their illicit businesses to exploit E-Commerce Marketplaces. The physical locations for these illicit businesses are frequently located in jurisdictions that have little political will to investigate, seize counterfeits or prosecute those involved. In addition, many of these countries lack the resources required to support IP enforcement actions since it is deprioritized as a victimless crime. As a result, the many capacity building training programs supported by organizations such as the IACC are even more critical to confronting this continuing challenge in IP enforcement.
How do you show your clients the value of brand protection?
TRSS is dedicated to supporting federal law enforcement agencies and rights holders by leveraging our people, data, and technology to identify and highlight criminal networks profiting from the illicit counterfeiting of goods. TRSS Intelligence Analysts have the resources and data to identify non-obvious relationships and map out entire global networks to support more effective multi-jurisdictional enforcement actions. Ultimately, TRSS provides clients with the finished products necessary to prompt enforcement agencies to take actions when and where appropriate.
What is the most interesting place you have been to?
The Tri-Border Area of Brazil, Argentina, and Paraguay in South America when I was the Director of the HSI-led Intellectual Property Rights Coordination Center. Surrounded by a beautiful jungle ecosystem and centered on the impressive Iguazu Falls lies a multi-cultural bazaar of seemingly limitless counterfeit goods. Every evening the streets are flooded with Styrofoam packaging from these counterfeit goods that are unpacked and disposed of to enable rampant smuggling. One significant challenge for IP enforcement in the Tri-Border Area is the lack of resources to store and legally dispose of the high volume of contraband seized at the border crossings.
