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.
I am the CEO and founder. In addition to leading the company, I am very involved in product strategy, sales and our services organization. By keeping a pulse on customers and prospect needs, I am able to ensure that our products and services do their best job protecting our customers’ brands.
What makes your company unique?
Appdetex is a full-service brand protection company and ICANN-accredited registrar. It has built technology from the ground up to address all forms of online brand abuse across all digital channels including ecommerce marketplaces. Appdetex’s secret sauce lies in its creative use of online data through harvesting, correlation and enforcement to identify offline bad actor targets. The combination of our services organization and the use of our patent-pending Tracer™ network technology allows brands, their in-house staff, and outside counsel to work together to identify and prioritize high value targets and quickly mitigate the most egregious networks of brand abuse.
Can you provide your top 2 best practices for protecting IP?
1. Clever malicious actors are quick studies of a brand’s digital efforts, and they’ll mimic a brand’s online tactics in order to promote their bad acts. Consequently, brand protection organizations need to form alliances with their marketing, sales and support organizations to anticipate and intercept new schemes targeting their customers and products.
2. Systemic brand abuse networks are most often the most damaging attacks on brands, and should be the top priority for brand protection organizations. Understanding systemic abuse, its promotional network and monetization allows companies to choose the best course of action and the swiftest and most effective way of disarming organized bad actors.
How did you get into brand protection?
In 1999, I walked away from partnership at a big law firm in Los Angeles to start an online brand protection company called MarkMonitor. It was a risky move for me given that the Internet was still in its infancy and the primary brand protection infringement issue was the unauthorized “stuffing” of trademarks by third parties in the metatags of websites in order to divert search engine traffic. It seems rudimentary today, but it was all the rage then. As the Internet became ubiquitous, and online ecommerce evolved, bad actor behavior also evolved; developing new ways to interrupt the interaction between brands and their loyal customers. This behavior has continued unabated today and, for the last 20 years, I have been fortunate enough to be a part of the global effort to create cutting edge technology to remediate this interruption.
Gibney is a small/medium size NYC law firm. Our size gives us the ability to pivot quickly as enforcement and client needs change. We have a diverse and highly focused IP team with collaboration across all matters. While we have a long history, we do not rest on that but look clearly to the future and the IP enforcement hurdles our clients face and how our experience and insights can benefit them. Change is constant with a seemingly relentless pace of acceleration. We view change as an opportunity to rise to new challenges in order to develop effective IP strategies and solutions to go beyond that change.
What's the most rewarding part of your job / what is the thing that you've been most proud of in your anti-counterfeiting work?
The most rewarding aspect to me is being able to work and collaborate with our internal teams as well as those who are external to the firm. Making a difference in the battle against counterfeit goods can only be achieved when diverse teams bring their experiences to the fight and together craft effective strategies. Providing training to law enforcement across the country allows me to share knowledge, measure the impact of our efforts and eventually see the practical results. We also have the benefit of working with service providers who implement our strategies and are able to assist us in providing definitive and worthwhile enforcement. Bringing all this together to make a long term impact is very rewarding.
What’s the best piece of advice you have ever been given?
The best piece of advice came from a number of people: don’t forget to listen. Regardless of profession, we all, at some point, fall into the mistake of forgetting to listen to what others have to say. We cannot negate or fail to acknowledge the contributions that others have to make to common challenges. We have to take the time to understand what others have to contribute to a discussion. In the IP arena, it is particularly important to listen to better understand client issues and to craft meaningful, well-rounded solutions that are the result of thoughtful consideration.
I am the Anti-illicit Trade Director for the Americas Region. I’m Responsible for brand protection, anti-counterfeiting & piracy, anti-illicit trade strategies, including government liaison while investigating illicit movement of contraband, & supporting JTI's compliance programs. I am a member of the corporate development team & engage with customs & law enforcement authorities, as well as internal & external stakeholders regarding regulatory strategy, enforcement, communications, & advocacy.
What makes your company unique?
JTI is a company where people truly always come first, and where so many dedicated employees make a difference every day, not just for themselves, but for their colleagues, families and friends, and in their communities. For JTI the working environment and organizational culture is passed down from the top. From our internal sustainability awards, to the outstanding and inclusive global equal family leave policy, JTI is more than a company, we are a group of people more than 40 thousand strong who care for one another and want the best for each other. Just a great place to work.
What’s one piece of advice you can give a brand looking to enforce their IP?
The advice I would give to any brand looking to enforce their IP is to make IP protection part of the core of the company, not an afterthought. This means to make IP protection part of any new strategy, product, or, marketing campaign from the planning stage. JTI views illegal trade including IP and reputational protection as one of our four overarching areas of sustainability priority. Illegal trade is a growing problem. It is a threat not only to legitimate businesses, but to consumers. Our duty as corporate citizens are to do all we can to protect our communities.
How did you get into brand protection?
I began my career in law enforcement in the United States and from there moved to the United Nations Department of Peacekeeping Operations where I spent many years in conflict zones carrying out international investigations among other things. These investigations often had a component of counterfeit products or international smuggling involved as organized crime groups and terrorist organizations often support their activities with funds from counterfeits or smuggling. For me it was a natural transition to a company in the private sector where employees are treated well and there is a clear commitment to fight illegal trade.
Security Matters Ltd (SMX) owns a unique technology that permanently, invisibly, and irrevocably “mark” any object that is solid, liquid or gas - allowing identification, proof of authenticity, tracking supply chain movements & quality assurance across several different industries and product segments. SMX enables companies and brands to transition successfully from a linear to a sustainable circular closed loop economy by being able to create a digital twin for every physical object. SMX demonstrated that its blockchain platform was able to record, track and provide full transparency of the entire value chain from raw materials to product to recycling and reuse.
How do you show your clients the value of brand protection?
Brand protection is about securing the brand’s equity, reputation and trust of its customers & cliental. Since the SMX technology can be deployed as a drop in solution, at any stage of the supply chain for any solids, liquid, or gas - the raw materials can be securely marked at the actual source and location of the organic farm (e.g. cotton, wool & wine) or at the ethical mine site (e.g. diamonds & gold). This will give brands and retailers full transparency, to track materials in their supply chain to ensure it is not being replaced or substituted; and are ethically sourced and produced by ESG compliant manufacturers. In addition, the brands will be able to confirm the authenticity of their product in real time by using SMX’s patented reader to read the data embedded in the actual product itself and access its record on the digital blockchain platform.
What hobbies or causes you are passionate about?
One of my very first jobs in my youth, was working in a plastic manufacturing plant near my village. Every year, clients would send back old and used plastic pipes and they would just pile up in the yard – unrecycled. I used to think how is it not possible for this plastic to be recycled?
Decades later, I am now a technology entrepreneur who has discovered and developed a solution for plastics and other countless materials to be recycled and reused. I am passionate about making a positive contribution to society, where nothing goes to waste in a sustainable circular economy.
As the head of our Dispute Resolution & Advisory Team, my job is to deliver dispute strategies that accommodate the complexities of effectively exploiting intellectual property rights in Indonesia. This usually involves bridging cultural and linguistic divides, as well as advising on legal and commercial issues. I am registered to practice law as a Foreign Advocate (attorney) here, and have been based in Jakarta for 20 years and counting. This year (2021) SKC Law will celebrate its 10th anniversary with a 40-strong team… if COVID19 restrictions don’t get in the way!
What makes your company unique?
Our enforcement team has an unparalleled network of contacts with local authorities. Pre-COVID19 we were raiding more than 120 targets a year, and our high frequency of execution serves to reinforce relationships with police units all over Indonesia. Counterfeiters understand SKC Law has the capacity to follow through on threats to commence proceedings, and we use this advantage to achieve tangible results.
Having a great team of in-house investigators is also a point of difference. Ongoing coordination between attorneys and field investigators ensures the intelligence we gather meets procedural requirements, and that we avoid administrative delays.
What are the top 2 challenges in IP enforcement you see affecting your industry over the next year?
Exponential growth in e-commerce transactions has disrupted established enforcement strategies. Indonesia’s online retail gross merchandise value is estimated at USD 40 billion in 2020 – the third highest in the world. Strategies that address online retail activity, and related offline targets, are now essential.
Another key challenge is the activation of Customs seizures as an enforcement option. Indonesia’s recordal system is open to foreign companies that have local subsidiaries, and it is also possible to effect seizures in Customs zones via criminal complaints. The increasing viability of this option is presenting new opportunities to seize significant quantities of counterfeit goods.
Can you tell us something about yourself outside of your job?
I’ve been neglecting my hobbies a bit lately, choosing instead to commit my free time to some further study. I’m now halfway through a 4-year executive MBA program, and thoroughly enjoying the learning experience. In my post-study life, I plan to get back to surfing & diving around some of the amazing islands of Indonesia and snowboarding up in Japan.
My role is overseeing and managing the legal and compliance function of an Australian company listed on the Australian Stock Exchange. Codan has offices all over the globe and services a worldwide customer base. A large part of this has been the development and management of an ongoing and evolving anti-counterfeit strategy and program to protect the valuable IP in our products.
What’s one piece of advice you can give a brand looking to enforce their IP?
I have found that all my time in developing our anti counterfeit program and ultimately enforcing our IP, the most important thing is to have a network of professionals (lawyers, investigators, advisors etc) whom you can trust. It is also important that these professionals understand your products and the needs of the company. These people are vital to your ability to ultimately enforce given their expertise as well as their own independent networks.
It’s not just about having these people in place though, it is also critical to educate them on your products and ensure you develop a strong relationship.
What's the most rewarding part of your job / what is the thing that you've been most proud of in your anti-counterfeiting work?
The most rewarding part of my company’s anti-counterfeit effort has most certainly been the tangible outcomes and progress we have seen over the years after putting in a lot of hard work. Nowadays, there is substantially less proliferation of Minelab counterfeit product in the market place. This is indicative evidence that a thoughtful and effective strategy involving enforcement work has a clear impact on sellers trading in counterfeit products. In addition, we note that competitors of ours who have not invested in anti-counterfeit programs have continued to suffer as a result of counterfeit activity. This way, we are able to measure our efforts.
My board and management have invested time and resource into protecting our valuable IP and with this time and resource we have a sound structure and processes in place to continue to deal with the issue (that will never go away). We are now far more proactive (as opposed to reactive) and our strategy is always evolving.
If you could live anywhere in the world, where would it be and why?
Fortunately, I live in the one place in the world I want to be. Adelaide is my home and I would never want to leave. We have beautiful warm summers and cool crisp winters. I am a very keen cyclist and Adelaide is known for its cycling culture and beautiful terrain in which I can train and be outside.
We have some of the finest wine regions in the world at our doorstep and we have a great food and bar scene as well as many exciting cultural events year round. I am hereby lobbying for an IACC event in Adelaide, South Australia. You would not regret it!
If you could have lunch with one famous person, who would it be and why?
If I could have lunch with one famous person, I think it would have to be with Rafael Nadal. I am a massive fan of Rafa as a tennis player, but more so with his tenacity and attitude to get the absolute best out of himself. I would love to hear about the way he prepares for his matches and training and understand the detail he applies to such preparation. I think his diligent attention to detail is something we could all learn from and he, more than most, gets the absolute best out of himself day in, day out.
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