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.
How can we or our companies better educate consumers about the harms of counterfeiting and piracy?
Consumer, or patient focused educational efforts are an extremely important component of the fight against counterfeit pharmaceuticals. Educating patients on the safety of the legitimate drug supply chain vs the dangers of purchasing medicines from an uncontrolled supply chain is at the core of solving the issue of counterfeit medicines. I believe that patients would never knowingly take a counterfeit pharmaceutical if they understood the associated health risks. Online sales of pharmaceuticals has long been the source of most counterfeits and social media has exacerbated the problem. If patients were sufficiently educated on the dangers, they would be better equipped to source their medicines appropriately.
What are the biggest impacts of counterfeits on your industry?
By far, the biggest impact of counterfeits within the pharmaceutical industry is patient health and safety. The risk to patients when utilizing a counterfeit product includes, not only, the potential harmful effects of not receiving the intended dose and correct active pharmaceutical ingredient, but the potential harmful effects of dangerous ingredients and unsanitary and unsafe “manufacturing” facilities. Counterfeit medicines range from drugs with no active ingredients or too much active ingredient, to those with dangerous impurities such as heavy metals, drywall compound, printer ink and paint, to name some examples. In general, we all at some point need medications, working to eliminate counterfeits is an important step to ensuring that patients receive safe and effective medications.
Who has influenced you most when it comes to how you approach your work?
I have been most influenced in my work by some of the amazing colleagues I’ve had the opportunity to work with. Prior to being in the pharmaceutical industry, I worked in law enforcement and developed the necessary investigative skills that have been the foundation to my work within the industry. But the biggest influences have come from colleagues within the industry, who have had varied backgrounds and experiences. Coming up I’ve had extremely talented mentors who have provided me with the foundation, the knowledge and passion for protecting our patients from the dangers of counterfeit medicines.
What is one way a brand with a mature IP enforcement program can take their efforts to the next level?
Shift focus away from treating the symptomatic elements of infringement (such as mass online takedowns), by tackling the cause, and hitting the infringer’s bottom line through intelligence led investigations that result in prosecution. Successful prosecution provides a significant deterrent to infringers, whether that is due to custodial sentences, seizure of assets, or imposition of fines. By shifting towards (or simply not forgetting) this approach, a mature enforcement program can become self-sustaining by accruing some, if not all, of its budget from recoveries or fines. This enables the program to highlight its ROI and value to the wider business.
What are your top 2 recommendations to a brand that is building up its IP enforcement program?
Understand the problem - A comprehensive threat assessment will identify the nature, scale, impact, and geography of the threats facing your brands. Avoid wasting time in jurisdictions where Law Enforcement traction is unrealistic.
Define goals and prioritise - It is crucial for any new program to have a clear set of goals. - Prioritise efforts and invest in the areas which will allow you to achieve your main goals. - It is important to understand how your efforts can impact your adversaries. Certain enforcement programs have their place but can also educate infringers and develop advanced threats.
What’s your favorite famous or inspirational quote?
“I suppose it is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail.” — Abraham MASLOW
This really resonates with us, and the regular example is the increased use of automated processes in the IP enforcement arena. We must not lose sight of the tradecraft that has allowed us to bring the biggest cases to bear. Technology is simply one of the tools that helps us and shouldn’t define our offering and whilst it is tempting to be blinded by numbers it can often be counterproductive to tackling the biggest infringers.
What 2 things contribute to a successful brand protection program?
Darn Tough Vermont manufacturers and distributes all products in our facilities in northern Vermont. These two factors allow us to control the channels our products in the fight against counterfeit infiltration in the online marketplaces and in brick-and-mortar retail. These two factors give our retail partners the confidence they are receiving genuine product and we work to educate our end consumers as to where they can safely purchase socks. This allows us to actively review retailers who sell Darn Tough products on websites and online marketplaces and identify who has legitimate product and who may be trying to sell fakes.
How do you show your company the value of a brand protection program?
We take much pride in our “Made In Vermont, USA” moniker. As we continue to grow, both nationally and internationally, we are only as good as the last pair of socks to come out of our mill. With more and more bad actors showing up in the marketplaces, we actively have to defend our reputation by stopping problems before they start. By actively protecting our brand, we are able to provide a sense of security and confidence in every pair of socks purchased and worn.
What’s the best piece of advice you have ever been given?
Studying at Syracuse University gave me an opportunity to spend time with amazing professors and hear incredible speakers. One guest at a marketing class said “find the person in charge of saying ‘yes.’” This idea that there is never an ask to small or big and if you truly believe what you are doing will help, then find the person in charge of saying “yes.”
What are the top 2 challenges in IP enforcement you see affecting your industry over the next year?
Diversification of Infringement Channels: Counterfeiters increasingly distribute their goods through multiple channels. For example, counterfeit sellers may display counterfeit goods on marketplaces and/or social media and complete transactions via a messenger app. Because evidence needs to be gathered from multiple channels, cross-channel cooperation is necessary, making enforcement more complex.
Protections around Personal Data: Privacy rights and laws are becoming stronger and more important, thus hindering the ability of enforcement operations. More infringers can stay anonymous in private channels as private data is rarely shared outside internet service providers (ISPs). Public safety is being undermined in the name of protecting privacy.
What are your top 2 recommendations to a brand that is building up its IP enforcement program?
Technology is necessary for today’s IP enforcement operations. Authentication software now uses blockchains to track authentic products and eliminate counterfeits. AI technology can take down counterfeits and centrally manage infringement and enforcement data. Powerful analysis of infringement reasons enables targeted enforcement options for brands, such as reporting counterfeits to marketplaces, sending soft notices, and removing infringing websites.
Partnerships are crucial as counterfeiting activities become more complex. Brands should continuously build relationships with various stakeholders, industry partners, and even other brands, as seen in recent global industry working groups like Canal Street action in New York.
What hobbies or causes are you passionate about?
Using technology to enhance access to justice is a cause that I deeply care about, driven by a desire to make the legal system more accessible for all. From online legal resources to AI-powered legal assistance, there are countless ways that technology can be leveraged to improve access to justice. It is an important cause to work towards and one that can have a significant impact on society as a whole.
