January 2004
"RAIDAR"
BRIFFA OFFERS REVOLUTIONARY
NEW APPROACH TO COMBAT COUNTERFEIT PRODUCTS
RAIDAR, the UK's first fixed-price anti-counterfeiting service has been launched by Briffa, a leading intellectual property and information technology law firm. Developed by Briffa in partnership with an international network of alliances, RAIDAR (Raid - Asset Recovery) offers a revolutionary new approach in the fight against piracy and counterfeiting by ensuring that counterfeit operations are quickly identified, investigated and closed down, and critically, done so, within an agreed budget.
"Intellectual property rights are a crucial part of any business so it is essential that they are protected. Whilst firms are painfully aware of the damage that piracy does to their businesses, we found that most are concerned that the costs to address the problem would outweigh the benefits. RAIDAR will prove that this does not need to be the case," explains Naazneen Schmittzehe, the solicitor at Briffa who set up RAIDAR and whose extensive experience in anti-counterfeiting spans both Europe and Asia.
The core benefit offered by RAIDAR is its focus on providing an efficient, fixed fee solution to help stem the growth of counterfeit products that affects every industry from toys and games to fashion, music, pharmaceutical and even food. In the UK alone, more than £26million is lost to counterfeiters every day.
RAIDAR is based on a simple principle : a co-ordinated national and international capability. "We recognise that for an anti-counterfeiting strategy to be effective, expert local knowledge is essential," says Naazneen. "This is why we have over the years forged close partnerships with an internationally recognised network of local investigators, enforcement agents, customs and trading standards officials and other administrative authorities based around the world in counterfeit hot spots such as China.
"As a result, Briffa is uniquely positioned to take advantage of an unrivalled supply of local and specialist expertise and can therefore act swiftly to trace, locate and close down counterfeit operations, and prevent them from setting up elsewhere."
The services that make up RAIDAR are:
Phase One: Preparation This involves the essential groundwork necessary to prepare a legal case and includes a market survey for evidence of counterfeit goods on sale whether identical, look-a-like or simply products bearing similar marks. This phase also includes the collation of all relevant legal rights from trade mark registration certificates and details of copyright ownership to information on the use of the marks in for example, China. The six-month market survey and analysis of your legal rights can be carried out for a fee of £300 per branded product.
Phase Two: Investigation Once the above information is in place, an investigation cost detailing the number of targets and location will always be fixed in advance of any enforcement action. Once agreed, in-depth international investigation then be undertaken to secure physical evidence of the infringement and prepare essential case material. Evidence secured will include samples and/or promotional literature, details of the location, nature (whether manufacturer, importer or distributor) and scale of the counterfeiting operation as well as its production capability. "We will also examine licence agreements to establish whether unlicensed 'backdoor' products are on sale or whether licensed producers are making unlicensed products to order," says Naazneen. A report is then prepared outlining the findings of the investigation and providing recommendations on the steps to be taken in order to enforce.
Phase Three: Enforcement - This phase ensures that the counterfeit operation is closed down. Briffa can obtain all forms of emergency relief from search and freezing orders to injunctions and execution of raids where the goods destroyed and action taken against the infringers and connected parties. Critical follow-up measures to ensure the success of the anti-counterfeiting operation include strategic publicity to discourage other infringers and encourage the relevant authorities to continue systematic action. This phase can be carried out for a fee of £3000.
"At Briffa, we understand that companies need to plan their budgets and build in costs for anti-counterfeiting strategies. This is why we have designed and developed RAIDAR, the first fixed-fee anti-counterfeiting service," concludes Naazneen.
To launch RAIDAR, Briffa is offering to undertake a free market survey for evidence of counterfeit copies of branded products for a period of one month to the first 10 companies to contact Briffa. This offer is limited to one branded product per market survey. For further information on RAIDAR, contact Naazneen Schmittzehe on 020 7288 6003 or visit www.briffa.com.
About counterfeiting:
Counterfeiting takes two major forms:
Organised criminal counterfeiting - involving fake packaging, supply networks and potentially large volumes
Tipping - localised on-trade bar substitution - involving refilling popular brands with a cheaper/inferior product
International Federation of Spirits Producers (IFSP) member companies (Diageo, Pernod Ricard, Brown Forman, Remy Cointreau, Bacardi-Martini and Allied Domecq) estimate global losses for all spirits of between $500 to $700million pa. (IFSP worldwide).
5-7% of world trade is in counterfeit; up to 10% of branded products worldwide are counterfeit. (World Health Organisation estimate).
ENDS
For further information on RAIDAR, Briffa's anti-counterfeiting service, or to talk to Naazneen Schmittzehe, please contact Marie-Louise Morley at Apposite Communications on 0781 392 7918 or email ml@appositecom.com