Civil Enforcement: Employing ceaseand-desist letters and pursuing legal action, when necessary, can help combat large-scale counterfeiting or where an example can be made. The extent to which this is adopted will be guided by the scale of the problem and opportunities from intelligence gathering. Awareness: Educating distributors and retailers to appreciate the issues and recognise counterfeit products. In some areas, running consumer awareness campaigns. Mathys & Squire LLP The Shard, 32 London Bridge Street, London SE1 9SG Tel: +44 (0)20 7830 0000 | Fax: +44 (0)20 7830 0001 Email: mail@mathys-squire.com www.mathys-squire.com Martin MacLean – MRMacLean@mathys-squire.com Rebecca Tew – RLTew@mathys-squire.com Technology: Keeping pace with technological advancements. Exploring solutions like blockchain for product authenticity tracking and using RFID or smart packaging to enhance traceability and identification. Keeping on top of counterfeits, unfortunately, is an ongoing and significant commitment for businesses. Certainly, robust monitoring can inform the development of a strategic response to the problem. WWW.LAWYER-MONTHLY.COM 27 position on when and how to take action. There will generally be a combination of proactive and reactive actions which are specific to the approach, budget, and objectives of the business and should include: Proactive Monitoring: Online surveillance tools are effective in monitoring e-commerce platforms, social media, and other online spaces to identify counterfeits and damaging use of trademarks. Physical market checks can also be commissioned in key territories alongside alerting and engaging with trading standards officers and customs. Seizures/Criminal Enforcement: Collaborating with customs, trading standards, and law enforcement agencies to support seizures and criminal actions represents a cost-effective way to remove counterfeit goods from the marketplace. Ensuring that trademarks are recorded with customs authorities and engagement with relevant agencies and officials will enable better detection of counterfeit goods.
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