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Anti-Counterfeiting Measures, Protection of Intellectual Properties

 Counterfeit products and pirated products of every variety from every foreign country's brands are currently originating in China. In addition, the issue of technology theft and the violation of company's trade secrets are on the rise.
 Counterfeit or pirated products indirectly diminish legitimate activities of brand owners by decreasing the company's sales and also increase the possibility of injury to consumer's health and life because of the counterfeit's poor quality, diminishing the legitimate brands standing in the market place. Stealing technologies directly deprives brand owners of their legitimate business opportunities.
 As counterfeiter's networks have expanded globally and their counterfeit business practices affect many product fields around the world, the problems of counterfeit products become not only the problems of China but of other countries worldwide.
 In such situations, IP protection strategies and anti-counterfeiting are essential for companies conducting business in China, Asia and developing countries.
 IPF protects your intellectual properties from every violation and supports your business in all circumstances of IP violations.

Intellectual Property Application & Protection from Misappropriated Application

 Generally, owners of intellectual properties should register properties in each country. Without registration, you cannot enforce your rights. Owners of intellectual property also run the risk of a third party registering their intellectual property and assuming the rights. This is an example of “Misappropriated Application”, which impose burdens and extra costs on the legitimate owners to reassert their rights. Your company should execute a strategic approach to the registration process to counter this prevalent method of IP violations.
 Different from ordinary patent and trademark application agencies, IPF's knowledge and experience relating to the methods of IP violations through day-by-day combat with counterfeiters, supports the mission to protect your properties. Based on our knowledge and experience, IPF can conduct effective assessments, providing you with strategies utilizing our highly qualified personnel towards the prevention of and recovery of misappropriated applications.

Trademark Registration

・Considering your specific business, we provide you with appropriate advice regarding trademarks and classifications of products to be registered.
・IPF can conduct surveys of your trademarks in various markets and sales channels that can prevent cases of misappropriated application in advance.
・IPF can conduct appropriate counter measures (purchasing trademarks, negotiations, application for opposition) against the applicant filing the misappropriated application on your trademarks.

Patent and Design Rights Registration

・With consultants examining products and defining specifications, IPF will support appropriate registrations of patents and design rights.

Copyright Registration

・Generally, copyright is in effect without registration. Nevertheless, as a practical matter in China, copyright registration is extremely important in the enforcement of your copyrighted property and to prevent the misappropriated application on your trademarks. . We provide you with effective and efficient copyright registration services.

Counter Measures against Misappropriated Applications and Registrations

・We file applications for opposition to and lawsuits for cancellation of misappropriated applications. Through our investigation, before the publication of application , we can analyze and assess the situations of the entities involved who filed the misappropriated application on your IP and trademarks. In cases where we find that the applicant produces or sells counterfeit products, we can conduct raid operations for purposes of applying pressure to negotiate with the illegitimate applicant and withdraw/assign the misappropriated application forthrightly. The information and evidence collected through our investigations is used to support the procedures of the opposition and the cancellation of misappropriated applications and registrations to regain your rights. We provide periodical monitoring services against misappropriated applications.

Registration of Other Licenses

・In accord with relevant laws, we register other licenses on your behalf.

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Investigation

 Counterfeiters use any means to violate your intellectual properties in various ways. “Knowing your enemy” is the most basic strategy in the battle with counterfeiters in China. It is essential for you to collect evidence and assess the specific situations of each counterfeiting situation.
 IPF has investigators specializing in anti-counterfeiting over all of China. IPF can collect information about counterfeit products and pirated products quickly and precisely. In cases where lawsuits are filed, we can also collect effective and legitimate evidence through further investigations conducted by our lawyers and investigators.

Investigation against Counterfeiters

・IPF can discover and reveal actual situations of the production and selling of counterfeit products. We can also conduct investigations to discover the factories and their locations, which are the source of counterfeit products.
・After completing investigations, collected evidence is utilized in support of conducting raid operations and in support of the filing of lawsuits.
*In the case of small and medium-sized companies, Japan Export and Trade Organization's (JETRO) program can be utilized to defray the total cost of the investigation. This covers up to 2/3 of the cost of the investigation (maximum reimbursement of ¥3,000,000). (http://www.jetro.go.jp/services/ip_service/)

Investigating Misappropriated Applicants

・When “misappropriated applications” of intellectual properties are discovered, IPF ascertains the purpose and the background of the applications, evidence of the violations and the negative commercial impacts of the situation. In addition, we can collect direct evidence of the application violations for use in opposing the misuse and initiate lawsuits to regain control of your applications.
・According to investigation results, we can conduct negotiations to reclaim the misappropriated application rights of take other action.

Investigating the Use of Trademarks

・IPF can investigate and reveal the use of misappropriated trademarks identified by you.

Investigate the assets and the financial resources of Counterfeiters

・To execute effective recovery action of financial assets IPF can conduct investigations to determine the assets and capital of the targeted counterfeiters, useful in determining reparations for the damages incurred.

Arranging Notaries

・IPF can arrange appropriate notaries who will certify collected evidence, notarize it for proper consideration and submission in support of legal actions and lawsuits.

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Raid operations

 Counterfeiters demonstrate a lack of respect for the rule of law regarding the protection of IP. Experience shows that it is not effective to communicate or negotiate directly with them as an initial step toward resolution of the issues discovered. Such communication is likely to spur counterfeiters to destroy evidence or go into hiding. An effective alternative is administrative raid operations conducted by authorities as a way to capture evidence and diminish the production of counterfeit products.
 Based on agreements for actions by brand owners, IPF staff on a daily basis, in all areas of China, applies to the administrative authorities for raid operations against counterfeiters. Providing cooperation, support, and assisting in the actual raid operations on-site has achieved great success.
 IPF experience conducting criminal raid operations in cooperation with the Police Security Bureau (PSB), overcomes difficulties of coordination and cooperation. IPF's ability to initiate raids with the PSB is a very high deterrent to counterfeiters. Evidence gathered by IPF and the PSB can support the imposition of heavy sanctions on counterfeiters violating your intellectual property rights through the criminal raid process.

Application for Raid Action

・IPF reviews and assesses circumstances of counterfeit products and determines the best action to take. IPF routes requests and concerns to the most appropriate authorities when applying for raid operations with the necessary documentation at the appropriate time.
・If the situations are egregious, we apply to the PSB for support in conducting raids.
・A strategic approach to raid operations garners the best results. To maximize the effectiveness and decrease the amount of counterfeit products in a particular area, it is very effective to conduct simultaneous raid operations coordinated with authorities. IPF works with authorities to conduct these multiple raids against many counterfeiters (“market sweep” approach), to effect the greatest results.

Accompanying Raid Action, Follow-Up

・In lieu of your direct participation IPF acts your proxy with the authorities and will accompany the authority's staff to the raid scenes, support their raid operations, and inform you of raid scene information appropriately.
・We can arrange with authorities to execute the necessary procedures such as identifying seized products and submitting necessary documents to authorities on your behalf.
・In lieu of your direct participation IPF acts your proxy with the authorities and will accompany the authority's staff to the raid scenes, support their raid operations, and inform you of raid scene information appropriately.
・We can arrange with authorities to execute the necessary procedures such as identifying seized products and submitting necessary documents to authorities on your behalf.
・IPF will exert strenuous efforts to acquire “Punishment Decision” documents or public documents in lieu of the “Punishment Decision” from the authorities conducting raid operations. If possible, we acquire them and provide you with the documents.
*Please note that according to the related laws in the PRC, the authorities have no obligation to provide the brand owners with the ”Punishment Decision” document.

Arranging Visits to Authorities (Preparation, Attendance, Interpretation)

・IPF can support your interactions with authorities. (Contacting authorities to visit, arranging the day of the visit, transfers, people to accompany, preparing agendas, maps, and interpreters …etc.)
・We can also prepare the name plaques and the company banners for use at meetings with the authorities.

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Sending Warning Letters,  Negotiation for Compensation,  Lawsuits

 With counterfeiters who violate your intellectual properties repetitively in spite of raid operations, and particularly well financed counterfeiters, it is effective to file claims for the secession of violations and file charges for compensation through lawsuits.
 Traditionally, investigation companies specializing in anti-counterfeiting in China, only conducted investigation and raid operations. Brand owners then entrusted these cases to separate law firms only when necessary filed a lawsuit. This divided approach to anti-counterfeiting efforts was less effective and more difficult to affect cooperation.
 IPF has lawyers experienced and specialized in Intellectual Property Law, special consultants, paralegals, special investigators and are cooperatively organized to work each case. IPF can provide you with one-stop-service (Investigation – Raid operations – Litigation support), which enables you to realize more effective anti-counterfeiting strategies.
 Recently more complicated intellectual property lawsuits and more foreign countries are involved. IPF provides comprehensive support at every level of action, in every arena to help succeed in winning your intellectual property lawsuits in China.

Sending Warning Letters

・IPF can send warning letters requesting, in the name of brand owners or its distributer, for counterfeiters to stop violations and presenting the facts of their violations.

Negotiation for Compensation

・IPF can conduct effective negotiations with counterfeiters for compensation by sending our specialized staff that has a thorough knowledge into counterfeiter's methods of operations.

Lawsuit

・Our specialized legal team in intellectual property law can file suit against counterfeiters on your behalf.
・In cases where IPF conducted investigations and raid operations, we shall use the collected documents and products as evidence in legal proceedings.
・In order to effect compulsory payment for damages, IPF can conduct investigations to determine the assets and the financial resources of target counterfeiters in advance and fight to acquire compensation awards.
・Our rich experience of the lawsuit against intellectual property rights violations allows us to provide you with our services more effectively than other law firms not specialized in intellectual property right violations.

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Border Measures

 Production of counterfeit products produced in China does not illustrate the extent of today's counterfeit issues. As China continues to exhibit strong export growth, counterfeit products spread throughout the world and obstruct the brand owner's business developments. It is imperative to stop the spread of counterfeit products produced in China from export throughout world. Collaboration with the China customs authorities is an important and effective way to mitigate this problem.
 【The distribution of counterfeit products produced in China around the world】


(Japan Patent Office “Report of Investigation on damages of counterfeiting in 2012” )

 IPF specialists in intellectual properties work onsite at the customs authority and are experienced in communicating with customs authorities. This allows IPF to provide you with total and effective support of border measure enforcement. IPF is expert at discovering counterfeiter's networks by leveraging the “One Spot” information of detention enforcement and expanding it to the “Several Line” information of its manufacturer and exporter in China as well as distributers in foreign countries. IPF works to disable the entire manufacturing and distribution networks counterfeiting your products.

Registration to the Customs authorities, Application of General Securities

・We submit necessary documents, on your behalf for detentions and applications for general securities.
・IPF provides basic updating of information for the product owner's registration agency free of charge.

Taking Photos After Detention, Collecting Related Information

・In order to determine whether products are genuine or counterfeit, we confirm with you the location of identity marks and other visual information identifying the genuine products for comparison to suspected counterfeit articles. Obtaining this information in advance enables IPF to more efficiently evidence for comparisons. According to the information provided, we photograph the suspected items accurately and rapidly, gathering evidence utilized to support your case for injunctive relief.
・IPF will expand the search for those involved in counterfeiting activities up-steam by collecting related information about the consignor when we take photos and contact the customs authorities.

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Anti-Counterfeiting through Internet

 Recently the volume of the business conducted through the internet sales channel has been rapidly increasing in China. Naturally, the volume of counterfeit products also sold on the internet has been increasing. The expertise of counterfeiters is increasing and they are leveraging the open nature of the internet to misuse internet “search engine optimization” (SEO). Abuse of SEO allows for misdirecting search queries to sites that are marketing counterfeit versions of your genuine products and brands.
 IPF constantly analyzes the level and nature of violations on the internet. With investigations by staff specializing in information technologies, and conducting appropriate investigations rapidly, IPF takes the necessary steps, following the necessary procedures to delete infringer's websites.
 In addition, through investigations conducted using the internet, we excel at discovering the factories and shops producing and selling counterfeit products, helping to direct the specific locations for raid operations. IPF recognizes the need to challenge counterfeiting as well as all channels for marketing, including the internet. IPF provides you with complete support to stop the use of the internet for the distribution of counterfeit goods.

Investigations encompass all major internet-shopping sites (Taobao, Alibaba …etc.)

・IPF can conduct investigations to determine the specific situations of counterfeit product marketing or advertising on each site, using the information gathered to map out plans for counter actions.

Registration of Ownership rights on Website, Applications for Deleting Website

・According to the procedures of each website, we exercise your ownership rights and apply to delete the infringer's websites rapidly and precisely.

Investigation of Administrator of Counterfeiter's Website, Raid Operations

・In cases of especially serious counterfeiting, we investigate and determine the physical locations from their websites. IPF then supports the necessary counter actions up to and including onsite raid operations to gain compliance.

Correcting abuse of SEO of the Major Internet Search Engines

・IPF informs the major internet search providers the information gathered related to counterfeiters who abuse SEO. Evidence gathered by IPF supports specific actions against the entities that skew results of searches to counterfeit product resellers. This evidence supports requests to major search engines providers to correct the results of the queries, resulting in queries directing users to legitimate web sites that sell your genuine products.

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Countermeasures against Leakage of Trade Secret

 In China, the mobility of personnel is very high increasing the probability of the theft and sale of your important technology secrets to your competitors.
 OEM suppliers can be an additional source leaked trade secrets.
 In cases of trade secret thefts, IPF can provide you with comprehensive support to determine the sources of leaks and take necessary countermeasures.

Investigations into the leaking of trade secrets

・IPF can conduct investigations of employees, related companies, suppliers, and licensees to determine the source of the trade secret leaks.

Investigations into the illegal sales of genuine products

・IPF can conduct investigations against suspicious organizations to determine whether they are selling your genuine products illegally.

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Legal Affairs concerning Intellectual Property

 IPF can provide advice on all legal affairs necessary for effective anti-counterfeiting. IPF assists in registering your intellectual property rights, protecting them and supporting the legal and profitable use of them. IPF has successfully supported numerous IPR cases and can provide you with advice and take effective action in a unique and efficient manner.

Bootlegging of Company Names

・A serious issue facing companies is the registration of their brand name by counterfeiters This infringement of your company name or brand name in the PRC or Hong Kong allows counterfeiters to mislead consumers as to which company represents you, the legitimate business owner e.g., “Shadow Company Problem”.
・In Hong Kong, the related laws have been recently amended enabling brand owners to recover the name from the shadow company more easily. IPF can provide you with necessary services supported by our counsels in Hong Kong at reasonable rates.

Drafting IPR Contracts

・IPF can provide you with legal services for the drafting of IPR related contracts such as distributor contracts, non-disclosure agreements and non-competitive agreements in consideration of protecting your IPR and gain anti-counterfeiting results.

Policies Regarding Employee Inventions and any other IPR related policies

・IPF can provide you with legal services to initiate and specify ownership rights of employee's inventions and other IPR related policies within the context of relevant laws affecting your business. IPF can provide guidance on incentive and bonus payments applicable to specific situations.

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Anti-counterfeiting services in countries of importation

 IPF can provide you with anti-counterfeiting services and advice related to countries of importation. IPF is associated with a global network of law firms and investigation companies specialized in IPR fields. IPF provide you with global anti-counterfeiting services.

Registration organization with importing country's customs authorities, initiate application for detentions

・IPF will provide you with support for executing counter measures at the border of importing counties in cooperation with customs authorities, preventing the importation of the counterfeit products. IPF can also support you by initiating action against the source of the counterfeit product in China and seeking the way to relieve detentions.

Investigation, Raid Operations, Lawsuit in the Importing countries

・IPF supports your anti-counterfeiting actions against counties that import counterfeit goods with associate global service providers in the respective countries according to their laws.

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Other businesses relating to anti-counterfeiting

 IPF can support all aspects of activities related to anti-counterfeiting. Training of local employees and making them more knowledge regarding the value of protecting intellectual property is very important for making your protection activities more effective. We provide you with all the necessary support to activate your anti-counterfeiting strategy including the training of local employees.

Anti-Counterfeiting Product Production Techniques

・We provide you with advice regarding product designs. IPF specializes in how to place trademarks and identity marks on your product so that it will be difficult to counterfeit and easy to enforce your intellectual property rights and identify counterfeit products.

Techniques to distinguish the Genuine from the Counterfeit

・IPF can provide you with advice on techniques useful in distinguishing the genuine from the counterfeit article, e.g., difficult to counterfeit holograms. IPF can also introduce and procure these tools for you.

Anti-counterfeiting PR Activities

・It is essential to give consumers warnings to prevent them from purchasing counterfeit products and to act as a deterrent against counterfeiters, emphasizing that you are engaging in anti-counterfeiting activities. IPF can create advertising campaigns that include effective messages focused on consumers and counterfeiters. We can negotiate, arrange and place your advertisements with various media.

Training Local Employees

・We provide you with training customized for your company. IPF can provide experienced Japanese and Chinese lawyers, consultants to conduct the training.

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Out-sourcing of the Anti-counterfeiting work

 Anti-counterfeiting legal efforts differ from traditional work of your intellectual property division. As the result, there is a dearth of in-house counsel of brand owners trained and experienced in anti-counterfeiting work with the requisite knowledge of the applicable laws and procedure in foreign countries (e.g., China) IPF, staffed with experienced professional in anti-counterfeiting, can act as your “Anti-Counterfeiting Division” and conduct your anti-counterfeiting work effectively.

Comprehensive Strategies of the Anti-Counterfeiting

・Considering the geographic scope, size, nature of product lines and financial resources of your company, IPF can plan and help design an appropriate strategic anti-counterfeiting plan. IPF can assist your company with a plan of action; determine the most effective schedule to carry it out and what results you can expect.

Effectiveness Measurement

・It is difficult but important to measure the effectiveness of your anti-counterfeiting activities. IPF, with our extensive experience can provide you with reliable data gathering techniques and analysis expertise, helping your company determine the effectiveness of your anti-counterfeiting activities.

Oversight of the investigation company

・If you wish to engage a separate anti-counterfeiting investigation company you may use IPF as a proxy, offering guidance and preventing them from taking misguided actions. IPF can supervise and communicate with the investigation company so that you can conduct effective and reliable investigations and raid operations

Outsourcing of the Anti-counterfeiting work

・IPF looks forward to presenting a cost effective plan of action to implement your anti-counterfeiting policies, supported by our experts, located though out China. You do not have to incur the expense of training your own in-house personnel to take on the burdensome task of litigating intellectual property rights or anti-counterfeiting actions in a foreign county. You may rely upon IPF to fight successfully on your behalf.

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