By Type: Articles

AI-Generated Visual Content and IP Challenges

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This Authentix article has been published as a part of the Asia Video Industry Association’s Asia Video Report 2025. To learn more, please visit their website.

By Bharat Kapoor, Vice President, Online Brand Protection, Authentix

The creation of AI-generated visual content has profound implications for IP owners, especially in the context of copyright. When AI engines scrape images and videos to create new works, the critical question is whether such processing amounts to “reproduction” under copyright law. There also arises the vexed question of whether an AI-generated visual work is independently entitled to copyright protection. The few disputes that have so far reached courts have left many questions and concerns unaddressed. For example, in Getty Images v Stability AI (2023), Getty Images claimed before the UK High Court that Stability AI scraped millions of its copyrighted images to train its AI engine. While the court allowed the case to proceed to trial (finding that it involved a novel and previously undetermined question of law) it remains to be seen whether the parties decide to settle, thus scuttling the development of judicial guidelines on the subject. In Kneschke v LAION (2024), the Hamburg Regional Court in Germany rejected a similar claim by a stock image photographer against LAION, a non-profit AI company. Somewhat controversially, the court allowed LAION the benefit of an exemption normally reserved for research organizations. If courts begin to lean in this direction globally, copyright owners will struggle to be renumerated fairly. Given the deep links between certain non-profits and major tech companies, such an outcome might even be seen as patently unjust. Meanwhile, in Thaler v. Perlmutter (2023), the US District Court in Columbia upheld the US Copyright Office’s denial of copyright in an image created using AI, ruling that “human authorship” is a necessary ingredient of copyright ownership. But the ruling arguably fails to provide guidance in situations involving human authorship assisted by AI, or the highly creative use of an AI engine where the user goes beyond dictating mundane commands.

Alongside copyright, an overlooked area involves the use of trademarks in the creation of AI-generated visual content. To illustrate, Authentix Online Brand Protection conducted an experiment where multiple AI apps were instructed to create hundreds of images using well-known trademarks in (arguably) dilutionary contexts. The results were mixed. Some engines did not use the specified trademarks, contrary to our commands. Some slightly altered the specified trademarks and then used these versions. And some used all kinds of trademarks uninhibitedly, in contexts that would probably displease trademark owners (such as Ronald McDonald advertising KFC). Depending on context and jurisdiction, such uses might be prohibited as dilution/tarnishment, or permitted under fair use/criticism/parody exceptions.

In the end, AI can make the process of creating high-quality visual content quicker, easier, cheaper, more accessible and more scalable. This can benefit not only novice or low-budget content creators, but also large corporations wishing to expand their reach through social media. However, IP rights owners will likely argue in favor of laws and regulations governing the use of IP by AI engines. Rights owners may also advocate the adoption of licensing regimes (as a possible harbinger, OpenAI has reportedly been offering news organizations between USD 1 to 5 million in licensing fees to train its AI model). In both cases, copyright-related principles will probably be easier to concretize into laws and norms than trademark principles, and also receive higher prioritization. Yet, in all this, a fact that could be missed is that Western nations no longer monopolize the development of AI. AI engines that place IP owners at risk may well emanate from emerging Asian economies, with contrary viewpoints on the boundaries of IP protection. The bigger challenge for IP owners, therefore, may lie in ensuring the global acceptability of IP norms and the consent of governments and AI developers from emerging economies in the framing of such norms.

About Authentix Online Brand Protection

Authentix provides some of the world’s most recognizable brands with sophisticated online brand protection tools and services to address a broad range of online infringement and counterfeit risks. From global online surveillance and enforcement, online investigations and site takedowns, target verification, and even offline investigations, Authentix helps major brands proactively reduce the threat of counterfeit products being sold online. Our online brand protection solutions combine cutting-edge technological tools and expert analysis to reduce infringements for our clients on online marketplaces, social media platforms, and websites by up to 90%.
Want to see what Authentix OBP can do for your company? Our team is committed to working with you, understanding your unique challenges and requirements, and providing tailored solutions that best fit your industry and the unique challenges your brand faces that make a tangible difference to your brand. Schedule a consultation with one of our brand protection experts to learn more.

Bharat Kapoor, Vice President, Online Brand Protection, Authentix
Formerly the CEO of Strategic IP Information Pte, now a part of Authentix, Bharat has been focused on building effective global brand protection programs for over 250 brands across sectors such as fashion, FMCG, pharma, cosmetics, sporting goods wines, and spirits. He has led the development of the best-in-class machine learning-based online brand protection technology and developed effective global teams to investigate counterfeiting and piracy on the ground in China, Asia, and Latin America. Bharat Kapoor has a B.A. Honors from the University of Technology, Sydney. Prior to joining SIPI, he was an Associate Director at Ernst & Young India, where he led the business development and advisory services program for companies operating in the media, e-commerce, and advertising sectors.

Combating illicit trade with tailored, multilayered brand protection strategies

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This Authentix article has been published as a part of World Trademark Review’s Anti-Counterfeiting and Online Brand Enforcement: Global Guide 2024. To learn more, please visit their website.

By Kristi Browne, Authentix

Counterfeiting, smuggling, diversion and infringement – collectively known as illicit trade – are growing global problems for businesses and consumers. With an increasing volume of counterfeit goods being trafficked globally and seeping into supply chains, a well-strategised brand protection programme is more essential than ever to shield what matters most to businesses: customers, brand identity, reputation and revenue.

This growing epidemic of illicit trade extends across a multitude of industries, including food and beverages, pharmaceuticals, health and beauty, apparel and a host of other consumer and commercial products. Its effects translate into financial losses for brand owners and, more importantly, added risks to consumer health and safety. Falsified products manufactured without regard for standards, required ingredients, quality control or government oversight can imperil consumer safety and create a lack of confidence in a trusted brand.

Steps for developing and implementing a brand protection strategy

 

 

 

Creating a brand protection plan for companies means working together across different parts of the company and locations around the world. It also means building relationships with outside groups like Customs, police and government agencies, as well as stores, websites and suppliers.

The following steps are recommended when developing an effective brand protection programme.

1. Early evaluation: Before a company can take advantage of these benefits, it needs to fully understand how serious and widespread the problem of theft can be. The first step is to evaluate the problem. It is also important to evaluate which anti-counterfeiting security methods work best for a company’s product and industry. This will allow the brand owner to get the necessary information on possible security features and packaging design that might be required as part of the final product launch.

2. Risk assessment: When identifying product risk, it is important to develop a risk inventory for the products. The level of risk associated with each product will differ depending upon a multitude of factors, including supply chain complexity, geography in which the product is sold, price points, margins, complexity to copy and total expected demand. The next step is to assess the potential brand damage. With brands being among a company’s most valuable assets, the fragile bond of trust between consumers and products cannot be risked. Any injuries or deaths caused by counterfeits can destroy this relationship. Top management should be aware of this risk and committed to demonstrating leadership on the issue. Brand protection managers and the marketing team should also be involved and participate in assessing the risk of counterfeit attacks and the value of all proposed strategic solutions.

3. Strategy development: At this point, responses to the most pressing threats can be translated into action by organising a method for management, information and technology tools to respond to threats. This is also the time to allocate resources appropriately based on risk areas and to draft a communications plan that covers potential causes of risk, avoidance actions, transference and mitigation actions, and potential impacts and contingency actions.

4. Detection and monitoring: To effectively protect a brand against counterfeiting, businesses must employ comprehensive detection and monitoring strategies that show dedication to enforcing their intellectual property rights and prosecuting violators. This includes implementing a variety of security features on product packaging, conducting educational campaigns for public awareness, enhancing legal penalties for counterfeiting, inserting strict anti-counterfeiting terms in vendor contracts and performing unscheduled audits on distribution partners.

It is also crucial to vigilantly monitor online and physical marketplaces for unauthorised sales, fake profiles and counterfeit listings, and to deploy anti-phishing software. This is essential to detecting threats early and acting swiftly to mitigate brand infringement.

5. Enforcement: Keeping a brand safe means making sure that rules and responsibilities related to intellectual property are properly observed, both online and in the physical world. This task often requires collaborating with the right authorities to handle issues like illicit manufacturing, copyright infringement and counterfeit products being sold, shutting down fake websites, and taking down counterfeit listings.

6. Data analysis, reporting and KPI tracking: Businesses should prioritise thorough reporting and analysis, as well as the tracking of key performance indicators in order to monitor the effectiveness of a brand protection strategy and prevent counterfeit activity as much as possible. This enables them to assess the extent of intellectual property violations and tailor strategies to enhance security measures, moving beyond mere takedown metrics to focus on substantial reduction of infringements. By shifting their perspective on brand protection from a cost to a strategic investment, companies can not only safeguard their assets but also unlock new revenue streams through focused and outcome-oriented actions.

What brand protection solutions are right for my company?

Anti-counterfeiting features may be both overt and covert and can be applied in many ways. These include in-product, on-product in the form of labels and closure seals, on cartons where containers of products are stored, into plastic parts of individual packaging, and even onto metal and glass components of packaging.

Each feature serves a unique purpose. Covert or invisible markings enable trained inspectors to quickly authenticate genuine products in the supply chain, identify the source of diversion, or determine other illicit activities. Overt features allow the end consumer to verify the authenticity of their purchased product. When combined with careful design and production quality controls in authentic product manufacturing, these features raise the bar of complexity for counterfeiters and make the product a less attractive target.

Overt security

Visible security features are valuable to product authentication. Such measures include holograms, colour-shifting inks and security threads that are visible to the naked eye or felt by touch, and that are difficult to reproduce or copy. Other examples include microtext, thermographic ink and even micro-optics (such as the blue lenticular strip found on the current US $100 bill).

Although visible security features are a starting point, counterfeiters are creative. Even if a visible authentication feature is hard to recreate perfectly, a counterfeiter with the right tools and illegal intent only needs to copy it closely enough to confuse a consumer who just glances at a package. Additional measures create layers of security that make it more difficult, even impossible in some cases, to copy or duplicate security features.

Overt security tactics can include:
• optically variable inks;
• nano-optics with 3D vivid motion, depth and colour;
• colour-shifting foils and inks;
• holographic/pictorial foils;
• pearlescent inks;
• gold and silver inks;
• thermographic ink;
• microtext;
• anti-tampering technologies (tamper-evident closures and labels); and
• optical security technologies (holographic seals and labels).

Covert security

High-security covert features can be embedded into labels, closure seals or other features of product packaging. Although these covert markers are invisible to the naked eye, they can be found and measured with specialised handheld instruments using proprietary optics and detection algorithms for rapid, secure field authentication. Additional forensic layers of security can be embedded into materials and confirmed through more extensive laboratory analysis for evidence to further prosecute profiteers.

Covert security tactics can include
• heat-activated inks;
• light-activated inks;
• fugitive inks;
• inks or materials with specialised fluorescing taggants;
• ultraviolet activated inks; and
• machine-readable electro ink.

Semi-covert security

As the name suggests, these are features that might not be noticed until someone closely examines the product or package.

Forensic security

Forensic analysis involves laboratory testing of products via an embedded component or molecule added to a substrate or solution to determine authenticity. Unique product elements are examined so brand owners can generate compelling evidence of counterfeiting for legal proceedings. However, the ability to trace a product back to its origin is not supported unless a unique hidden tracing element is added to the product.
• Chemical and physical markers: These can be hidden from consumers and counterfeiters and can only be seen with specific detectors that are calibrated to a specific wavelength to verify authenticity.
• Tamper-evident packaging: These are labels, stickers or seals that, when opened or tampered with, provide immediate evidence that the product has been compromised.
• Serialisation: In the serialisation process, a company applies individual unique codes and/or signatures at the point of manufacture (giving each product an identifiable attribute) and defines scanning locations where retrieval and association of the unit can be linked to the scanning transaction. These transactions uniquely capture, track and store data from those markings in a managed database that allows authorised personnel to monitor the product journey by unit or larger groups. Most are familiar with this process as it applies to shipping a package overnight, where it is tracked online until it reaches its destination.
• Digital QR codes: Products can be scanned and authenticated without the need for an app, using a smartphone camera that can then further engage consumers by directing them to other web pages where they can register their warranty, learn more about the product, and even suggest other complementary products. As the product travels through the supply chain, the unique number or symbol can be collected in the database and added to its history. This information is available to a credentialed user via a mobile app or localised database. In a track and trace system, for instance, the information flow can be bi-directional, so the collection of the symbol, the scanning event and the unique call to the database can be recorded and appended to the product record for verification purposes.
• Online brand protection: The rise in online sales has unfortunately been accompanied by a rise in counterfeiting on online marketplaces, social media platforms and websites. Online brand protection tools include keyword monitoring, logo detection, image matching and the use of advanced brand protection technology like artificial intelligence and machine learning. Online brand protection allows your company to easily scan web pages and marketplaces, social media platforms, e-commerce apps, messaging apps like WeChat, payment sites and the dark web for infringing content and listings and get them taken down.

Case study 1: Pharmaceuticals

The challenge

Counterfeit copies of a major pharmaceutical brand were turning up in the US market, but the brand had no security measures in place to allow patients or inspectors to tell real products from fake. Consequently, $1 billion worth of product, already in the distribution pipeline, could not be sold until a method of allowing patients and retailers to verify that the medicine is authentic could be implemented.

The solution

The customer’s product was repackaged to include a variety of authentication features that could be identified by patients and inspectors, both in the field and in the laboratory. These included:
• overt, colour-shifting inks that were readily distinguishable by patients;
• covert, machine-readable inks that could be detected in the field by inspection staff with appropriate readers; and
• forensic markers that could only detected under laboratory analysis.

The outcome

The solution to the customer’s counterfeiting problem provided a secure way to instantly differentiate authentic from counterfeit medicines. The benefits were immediate and significant:
• $1 billion worth of product frozen within the supply chain was released for sale;
• the expense of a full product recall was averted;
• the customer was able to mitigate the risk of potential lawsuits; and, most importantly,
• confidence in the brand was restored among physicians, pharmacists and patients.

Implementing a multilayered approach: How brand protection works

The reality today is that one level of security is rarely sufficient. Counterfeiting technology is constantly evolving, so a simple one-dimensional technology to combat illicit trade isn’t enough. An effective multilayered approach in which overt, covert, and forensic features are applied is the most effective long-term solution.

These features can be incorporated into labels, closure seals, storage cartons, plastic, metal and glass packaging at very reasonable costs. Each type of feature serves a unique purpose, from colour-shifting inks that allow end-users to quickly identify a branded product as genuine to covert markings that enable an inspector to identify many factors involved with the source of authenticity.

Multilayered security options include:
• overt;
• covert;
• forensic;
• online monitoring;
• analysis – data collection and insight; and
• intellectual property and trademark enforcement.

Since any trademarked product can be counterfeited, it is imperative to have a brand protection strategy in place.
An effective brand protection programme spans many company departments, including marketing, legal, production, design, supply chain and logistics. That is a lot of moving parts to manage internally while companies are already busy making and selling the best products possible. The time these departments can dedicate to brand protection can be severely limited.

Having an external brand protection partner allows companies to have an entire team of experts in their corner, providing custom brand protection solutions built for each company’s unique situation using the most advanced technology paired with expert analysis.
A brand protection partner will also be able to share valuable insights and analytics to make further recommendations for what next steps the company can take to combat counterfeits. Brand protection partners can work with external teams, including law enforcement, border authorities, and investigators, to tackle counterfeit products at the source.

Case study 2: Wine and spirits

The challenge

A spirits brand based in South America needed help addressing counterfeiting and adulteration. It was losing millions in sales and experiencing a 30–40 per cent counterfeit rate, which put public safety and brand reputation at risk. An authentication solution was needed to make it easier for law enforcement and health agencies to distinguish authentic from counterfeit products in the field.

The solution

Multilayered security options were implemented throughout the programme, including a combination of in-product, on-package marking, and distribution channel monitoring. For on-package authentication purposes, an overt feature was added as tamper evidence for consumers and a covert feature was added for official retail inspectors to detect via handheld field verification readers and test kits. In addition, covert features were incorporated into the spirit itself for field and forensic lab verification.

The outcome

• Within the first year of the programme, 75 million litres of spirits were protected (approximately 100 million bottles).
• More than 1,300 inspectors in 28 states inspected more than 300 retail outlets.
• Of these, 10 per cent were found to contain counterfeits; five retail outlets were investigated, resulting in arrests.
• The brand owner experienced a 25 per cent increase in sales over the same period.

Conclusion

Employing an effective brand protection solution brings a wide range of benefits to businesses. Improving sales and revenue is always important in any industry. By eliminating infringements and counterfeits, a company can increase revenue and market share.

Having a brand protection partner that manages detecting, monitoring and taking down counterfeiters allows businesses to save valuable time and focus on producing and selling instead of worrying about bad actors. Customers will also notice a rise in brand standards once the lower-quality infringing products are removed from the market. This generates goodwill and improves brand reputation.

Eliminating low-quality, counterfeit products not only saves businesses from financial drain but also solidifies their reputation among consumers and partners alike. This newfound trust translates into lasting customer loyalty and gives businesses a competitive edge. Additionally, brand protection strategies reduce legal risks and provide actionable insights by having greater supply chain visibility and data, setting the company up for even greater success.

For a more complete guide to brand protection- why it is necessary, how infringement harms brands and customers, how to develop and implement an effective program, and insights into the brand protection strategies of the future – download our Complete Brand Protection Guide.

Download the Guide

About Authentix

As the authority in authentication solutions, Authentix can help brands create a customized plan to tackle counterfeit products from every angle, collect actionable data, and protect brands and consumers. Authentix works with each company to determine which brand protection solutions are right for their situation.

Authentix brings enhanced visibility and traceability to today’s complex global supply chains. For over 25 years, Authentix has provided clients with physical and software-enabled solutions to detect, mitigate, and prevent counterfeiting and other illicit trading activity for currency, excise taxable goods, and branded consumer products. Through a proven partnership model and sector expertise, clients experience custom solution design, rapid implementation, consumer engagement, and complete program management to ensure product safety, revenue protection, and consumer trust for the best known global brands on the market. Headquartered in Addison, Texas USA, Authentix, Inc. has offices in North America, Europe, Middle East, Asia, and Africa serving clients worldwide.

The Global Problem of Fake Food

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By Ryne Ambrose, Brand Protection Sales Manager, Authentix

In recent years, the food industry has faced a growing challenge: food fraud. This issue has been exacerbated by the rise of e-commerce, where consumers increasingly shop for groceries online. While this shift offers convenience, it also opens the door for bad actors to sell counterfeit products, misleading consumers and posing significant risks to both health and brand reputation.

Understanding Food Fraud

Food fraud encompasses various deceptive practices including substitution, tampering, and counterfeiting. Substitution involves mixing lower-quality materials with products to increase profit margins. Tampering involves the addition of non-approved ingredients that may be dangerous or toxic. Counterfeiting is passing off an illegitimate product to mimic the genuine for ill-gotten profits or gain. These practices not only attempt to deceive consumers but also can pose serious health risks as well. For instance, a study by the University of California found that 69% of store-bought extra virgin olive oils in the U.S. were likely fake, failing to meet international standards.

The Impact on Consumers and Brands

The consequences of food fraud are far-reaching. For consumers, the risks include exposure to unidentified allergens or hazardous ingredients. As awareness of these risks grows, many consumers are becoming more vigilant about food safety. For well-known brands, the stakes are equally as high. Food fraud can severely damage the brand’s reputation and erode consumer trust. This underscores the importance of companies taking proactive measures to protect their investment in a premium brand as well as their consumers health and trust.

Preventing Food Fraud

There is no single solution to prevent food fraud; instead, an effective prevention program should include a combination of approaches. One key strategy is conducting supplier risk and vulnerability assessments. By identifying partners and assessing the level of vulnerability associated with the fulfillment of these orders, brands can often determine where to focus monitoring efforts and implement security measures. Building strong supplier relationships is crucial, as effective supplier management is essential for maintaining oversight on supply chain risk.

Another important tool is the Hazard Analysis & Critical Control Point (HACCP) concept, which has been extensively used to control food safety risks in the food industry for decades. Investing in technology to proactively remove fraudulent online listings is also vital. The right technology can detect fakes across various online channels and enforce intellectual property efficiently.

Brand Protection for the Food Industry

Brand protection for the food industry should involve a multifaceted approach that safeguards a brand’s unique identity, quality, and intellectual property. This involves a blend of strategies and legal tools designed to protect everything that makes a food brand special, from its name, logo, and packaging to its secret recipes and distinctive flavors. Effective brand protection ensures that every product bearing the brand’s mark meets consumer expectations, preserving the brand’s reputation and authenticity.

Methods for Brand Protection

Several methods can be employed to protect food brands from threats. Trademark registration provides legal defense against infringement and counterfeiting. Securing patents for unique food processing methods or recipes and maintaining trade secrets with confidentiality agreements can protect innovative products and production techniques. Implementing rigorous quality control measures and obtaining certifications like ISO or HACCP can assure consumers of product quality and safety.

Supply chain management is another critical aspect, as establishing a transparent and secure supply chain with trusted suppliers and distributors helps prevent the introduction of counterfeit products. Utilizing covert and/or overt anti-counterfeiting technologies and tamper-evident packaging can also help consumers and company inspectors alike to help identify authentic products. Monitoring the internet and social media for unauthorized use of the brand and employing digital watermarking and tracking technology for product traceability can also be an effective tool today’s digital age.

Conclusion

Proper risk assessment, supply chain analysis, and deploying brand protection technology in the food industry is essential for ensuring product integrity, consumer trust, and long-term success. By leveraging a combination of food regulation, innovative technologies, and digital solutions, companies can effectively protect their brands, detect and combat food fraud and maintain their standards. A robust brand protection strategy is indispensable in the digital age, safeguarding the culinary experience that consumers expect and trust.

Contact Authentix today to learn more about how our brand protection strategies can help maintain your brand’s integrity in the global marketplace.

About Authentix

As the authority in authentication solutions, Authentix brings enhanced visibility and traceability to today’s complex global supply chains. For over 25 years, Authentix has provided clients with physical and software-enabled solutions to detect, mitigate, and prevent counterfeiting and other illicit trading activity for currency, excise taxable goods, and branded consumer products. Through a proven partnership model and sector expertise, clients experience custom solution design, rapid implementation, consumer engagement, and complete program management to ensure product safety, revenue protection, and consumer trust for the best known global brands on the market. Headquartered in Addison, Texas USA, Authentix, Inc. has offices in North America, Europe, Middle East, Asia, Australia and Africa serving clients worldwide.

Ryne Ambrose, Brand Protection Sales Manager, Authentix
With a decade of dedicated service in the brand protection and supply chain industry, Ryne Ambrose is a seasoned expert in safeguarding brand integrity and optimizing supply chain operations. Ryne is well-versed in implementing cutting-edge brand protection strategies. He has a proven track record of identifying and mitigating counterfeit products, trademark infringements, and unauthorized distribution channels. He also possesses a deep understanding of supply chain dynamics. He has consistently contributed to streamlining operations, reducing costs, and enhancing efficiency within distribution centers.
To learn more about Authentix’s brand protection solutions or have general questions around your brand and supply chain, please email ryne.ambrose@authentix.com.

The Art and History of Intaglio Printing

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Intaglio printing is a laborious and expensive process that combines historical craftsmanship with modern technology. Learn about the intricate details of this printing technique, its applications in security printing, and the evolution of the process from traditional engraving to computer-controlled laser etching.

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Does the Arrest of Telegram Founder-CEO Pavel Durov have any Implications for IP Owners?

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By Bharat Kapoor, Vice President, Online Brand Protection, Authentix

The arrest of Pavel Durov, the founder-CEO of Telegram, has sparked off a wave of criticism and conspiracy theories. An official press release reveals that Pavel (now out on bail) was arrested for the purpose of questioning, as part of a judicial investigation. The judicial investigation followed a preliminary enquiry by the Public Prosecutor Office, National Jurisdiction against Organised Crime (JUNALCO), and was opened against unnamed persons on various charges. These charges included complicity in connection with multiple criminal offences, namely the possession and distribution of child pornography, the sale of narcotics, the sale and distribution of hacking tools, and “organised fraud”; money laundering; offering cryptology services without prior declaration; and non-cooperation with authorities seeking to intercept communications.

Pavel Durov, Founder-CEO of Telegram*

It is, of course, rare for owners and operators of online platforms to face such criminal action — as opposed to users on the platform engaged in criminal activity. The few examples one can think of would only encompass outrightly rogue platforms whose primary intent was to facilitate illicit commerce, with the active approval and encouragement of its operators. Two notable cases that come to mind are Ross Ulbricht of the Silk Road marketplace (convicted by a Manhattan federal court and sentenced to life imprisonment) or Kim Dotcom of Megaupload (whose extradition order to the US was signed by New Zealand’s Justice minister in August). An interesting facet of those two cases is the role of IP infringement. In the former case, Ulbricht was convicted on seven counts (concerning drug trafficking, trafficking in fraudulent documents, computer hacking services and malware, money laundering and “continuing criminal enterprise”). However, a statement from the prosecutor’s office mentioned that Silk Road was also involved in disseminating “pirated media content”. In the case of Mega Upload, the case against Dotcom was almost entirely centered around copyright piracy, and the Court of Appeal in New Zealand found that Kim Dotcom could be extradited on that basis.

It is no one’s case that Durov and Telegram fall in the same class as the charges raised against Ulbricht/Silk Road and Dotcom/Mega Upload. In fact, Telegram does have a mechanism through which one can report illicit activity, however, the platform has been non-compliant to takedown requests placed by IP owners. In comparison, other social media platforms are known to have more accessible channels to address the concerns of IP owners. Since the French authorities still found it worth investigating Telegram and arresting Durov, it must be asked why IP infringement was missing from the list of allegations, given the alleged high frequency of pirated content on Telegram, as well as the reported presence of counterfeit sellers. In recent experience, about 20 percent of IP complaints that Authentix has filed with Telegram have been taken down. Even there, the response time has been slower than other platforms, which vitiates the ultimate goal of reducing counterfeit traffic. Further, unlike many other marketplaces, Telegram lacks a separate channel to fast-track complaints involving particularly blatant violations — such as outright counterfeits, or cases where an IP assessment is not warranted to determine if a sale is illegal, such as public sales of restricted goods like prescription medicines, alcohol and certain types of chemicals.

Objectively, there have been examples, notably in India, where Telegram has shared the details of users engaged in copyright piracy which was beneficial to investigation and enforcement. Yet, many of these instances only took place after a court order, and after Telegram had contested such claims on grounds of privacy and jurisdiction. Further, a system was introduced where one could open a Telegram account without a SIM card — which pirates and counterfeiters and other rogue actors are allegedly using to seek anonymity. In the end, what we believe Telegram should do is institute a formal, transparent pro-active mechanism through which IP infringements can be addressed; a similar mechanism through which sales involving public policy violations (independent of IP) can be addressed; and a system through which ads (often the first point of contact between a counterfeiter and a user) can be better monitored.

Looking ahead, it is likely that French authorities will continue and try to pressure Telegram to improve its compliance mechanisms, rather than determinedly seek to prosecute Durov personally, with the goal that Telegram will relent and agree to make these changes. Intriguingly, Telegram just recently changed the language on its FAQ page, from “All Telegram chats and group chats are private amongst their participants. We do not process any requests related to them” to now read “All Telegram apps have ‘Report’ buttons that let you flag illegal content for our moderators — in just a few taps.” Yet, if IP infringement continues to lag and Telegram does not make a serious effort to improve compliance, copyright and brand owners will feel justified in feeling hard done by.

About Authentix Online Brand Protection

Authentix provides some of the world’s most recognizable brands with sophisticated online brand protection tools and services to address a broad range of online infringement and counterfeit risks. From global online surveillance and enforcement, online investigations and site takedowns, target verification, and even offline investigations, Authentix helps major brands proactively reduce the threat of counterfeit products being sold online. Our online brand protection solutions combine cutting-edge technological tools and expert analysis to reduce infringements for our clients on online marketplaces, social media platforms, and websites by up to 90%.

* Image from artist Nick Lubushko

Empowering Our Aging Population Through Thoughtful Brand Protection Solutions

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By Donna Policz, Brand Protection Sales Director, Authentix

As life expectancy increases across the globe, a growing and aging population continues to become a larger subset of consumer purchasing. In fact, in the United States, the sector of individuals over 65 years is expected to grow to over 20% of the total population by 2030 compared to 16% in 2020. With the emerging intersection of technology, digitization, and brand protection, solution providers should begin to factor in this growing, aging population for consumer engagement and interaction with product packaging and labeling. An example of an industry being proactive in this area, the U.S. based National Association of Homebuilders, now provides certain contractors with a certification program known as CAPS (Certified Aging in Place Specialist) providing the designation on adapting certain technologies that will better serve an older population for home remodeling projects. As a seasoned professional in the brand protection industry, I believe it’s our responsibility to also act as ambassadors for the growing population of seniors, ensuring that the technologies we develop and implement are not only effective but also accessible and usable for everyone, including senior citizens and elderly consumers.

The Growing Need for Brand Protection and the Fight Against Product Fraud


Our aging populations are increasingly vulnerable to a range of threats induced by illicit trade including counterfeit goods and online scams. Elderly adults especially rely on over the counter and prescription medical and supplement products that can directly impact their health and well-being, making it imperative that these products are authentic and safe. As brand protection professionals serving a wide range of commercial companies and consumers, we must recognize that the stakes are higher when it comes to protecting this growing demographic. The consequences of counterfeit or substandard/adulterated products can be particularly adverse for these senior citizens, with many already dealing with multiple health challenges.

Leveraging Technology for Inclusivity

Advancements in consumer-based technology solutions such as QR codes and augmented reality for packaging and labels are a powerful tool in the fight against counterfeit goods, but as we advance these new solutions, we must also wield these with care and consideration for those older adults who may not be as familiar with smartphone and digital technology. QR codes, smartphone apps, blockchain, and other digital authentication methods requiring consumer interaction are a fast growing segment of solutions at the forefront of brand protection and can present challenges for senior citizens and others possibly challenged to fully utilize or understand how to use these new applications. A key role we can take as an industry is to ensure that the development of these digital and consumer facing tools are designed with these particular users in mind—making them more intuitive, easy to use, and accessible to those who may have visual, cognitive, or dexterity challenges.

For instance, QR codes should be in a large enough standard format to be easily scanned by older adults who may have vision impairment, and the associated websites or mobile apps should have simple user interfaces that don’t require extensive technological knowledge for interaction. Moreover, we should advocate for features like voice assistance or larger text options that cater to the specific needs of older users.

Serving as Ambassadors for an Aging Population

To better serve this growing and aging population segment, we should go beyond simply making our technologies accessible—we must actively engage with and understand the needs and limitations of this demographic. This means that during the development of these technology advancements, we also become ambassadors who champion the needs of these older adults within our organizations and the broader industry. It’s about fostering a culture of inclusivity where the voices and concerns of seniors are not only heard but prioritized.

We can do this by collaborating with other organizations that focus on aging, participating in community outreach programs, and whose missions are advocating for policies that support the accessibility of brand protection technologies. For example, we can partner with large senior citizen advocacy groups to help provide input and establish general standards for these emerging digital authentication tools. We could also extend our work to state and national policymakers to ensure that future regulations around product safety and authenticity consider the needs of these older adults.

The Benefits of Inclusivity

By making brand protection technology more accessible and usable for older adults, we not only protect this vulnerable group from adverse health and safety impacts from counterfeit products, but also empower them to make better and more informed decisions. This empowerment can lead to greater independence, confidence, and ultimately, a better quality of life. As we develop technologies that are more inclusive, we set a standard for the industry—demonstrating that brand protection is not just about safeguarding products, but also about safeguarding all consumers who rely on them being legitimate.

Conclusion

As brand protection professionals, we have a unique opportunity to serve as ambassadors for this growing segment of our aging population. By ensuring that our brand protection technologies are accessible and user-friendly, we can protect senior and elderly adults from the many threats faced in today’s growing practice of illicit trade. It’s not just about reducing counterfeit products, it’s about creating a safer, more inclusive world where everyone, regardless of age, can trust the products they rely on. Through thoughtful design, education, and advocacy, we can lead the way in making brand protection an industry focused on a cornerstone of support for our seniors, ensuring that they live their later years with the dignity and security they deserve.

Donna Policz, Brand Protection Sales Director, Authentix
Donna Gavitt Policz is a seasoned brand protection expert with over 15 years in the industry. Her concentration of expertise extends across multiple sectors, and has allowed her to work with the most prestigious and leading brand owners to establish long term success for these companies. Donna’s also holds the designation of Certified Aging in Place Specialist (CAPS) from the National Home Builders Association, ensuring that service providers to this segment of the population providers the products and technologies that enable seniors to remain in their residences longer. This cause is deeply integrated into her professional endeavors, reassuring the audience of her unwavering commitment to accessibility and safety. To learn more about Authentix brand protection solutions and how we can help you, email Donna at donna.policz@authentix.com.

What To Look for in a Brand Protection Partner

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Part 4 of our series of topics from Your Complete Brand Protection Guide by Authentix. Our guide helps brands develop holistic and secure brand protection strategies and solutions that safeguard their company, products, customers, and revenue.

Having an external brand protection partner allows companies to have an entire team of experts in their corner providing custom brand protection solutions built for each company’s unique situation using the most advanced technology paired with expert analysis.

A brand protection partner will be able to share valuable insights and analytics to make further recommendations for what next steps your company can take to combat counterfeits.

The right security technology should come from a company with sufficient industry experience, technical skills, implementation capabilities, and ongoing program management to properly support the program for multiple years.

Qualified brand protection solution providers will work with individuals, teams and vendors to develop, implement, and manage a proactive strategy to cover all company objectives. The following factors should be considered when vetting potential partners:

Industry Knowledge and Expertise: It’s critical that the authentication partner offers consultative services, has experience with the company’s products, and understands their industry inside and out. The partner should fully understand the company’s challenges, articulate exact problems and work to set goals for the program. In this way, a trusted relationship can be established that will provide:

  • Common vision for the goals, resources and time management of the authentication plan
  • Covert, machine-readable inks detected in the field by inspection staff with appropriate readers
  • Forensic markers only detected under laboratory analysis

Customized Solution Offerings: Companies should select an authentication partner who can fully customize a solution to fit not only the unique challenges of their industry, but also the needs of the specific organization. The partner should have the necessary expertise on what types of security features are needed for different types of product packaging, such as tamper-evident seals, foils, labels, etc. This will allow the company to take a proactive approach in combating counterfeit products. Companies need a partner who offers:

  • State-of-the-art color marking systems
  • Multilayered security features
  • Monitoring and enforcement
  • Ability to function properly in a multi-channel distribution environment
  • Data capabilities – dashboards and cloud platforms

Multilayered Approach and Implementation Support: Ensure the provider offers consultative services, implementation ownership, and ongoing program support after the program is launched.

Decades of experience have proven that there is not a simple “silver bullet” technology that can be applied to all products for perfect brand protection security. As discussed earlier, a multilayered approach in which overt, covert, and forensic features are applied in various ways is the most effective long-term solution against counterfeiting.

Supply Chain Integration: More than likely, the company’s current supply chain is complicated and has many moving parts. A good authentication partner should be able to instantly integrate within that chain. In addition, the partner should be a “third-party agnostic” solution integrator without any prejudice toward other links in the supply chain. This partner will be able to objectively analyze the supply chain, identify where potential problems lie, and make recommendations on correcting them. A provider should have the following attributes:

  • Third-party printer, logistic partner certification and support
  • Integration with existing systems and manufacturers
  • Trial runs with actual samples for testing purposes/quality assurance

Talent and Reach: The partner should have technical and commercial teams to provide the appropriate level of experience required to authoritatively advise on the features of their technology and its implementation. In the case of a global brand, the provider should have a global footprint. This includes global reach for delivery, servicing, technical support, dealing with customs, and regulatory expertise to handle regional and country-based compliance issues.

Implementation: An experienced authentication partner should be able to certify and conduct print trials with the company’s manufacturing printers. All manufacturing of security materials should be produced in a secure facility under a full chain-of-custody protocol. A security audit is the best way to determine this. The brand owner must be confident that appropriate physical security and auditing procedures are maintained in the potential partner’s facility. It is important to only work with a partner with quality accreditations appropriate for the subject matter and technologies involved.

Some potential partners might be great at strategy and planning and not-so-great at implementing those plans. It’s important that the partner provides extensive documentation of their experience in implementing a strategy, including a resume consisting of several multi-year customer relationships.

In addition, the partner must understand the company’s business inside and out, become an integrated part of the team, and extend that support to third-party vendors. Companies need a partner who is flexible enough to adapt to their culture, challenges and processes. A good implementation strategy should encompass:

  • Execution across the entire global supply chain
  • Training and enablement for all involved parties
  • Flexibility to expand and grow with changing needs

Commitment: An authentication partner must be willing to see a company through the good times and challenging times, too. An ongoing relationship with the partner allows the company to stay one step ahead of counterfeit issues. An established, trusted strategy is the only way the brand protection program can sustain long-term success. It should include:

  • Dedicated project manager to handle programs
  • Security features testing
  • Ability to retain sample programs to ensure consistency
  • Ongoing reports and result interpretation that provide actionable insights
  • Regular auditing of third-party vendors for proper use of security materials

Employing an effective brand protection solution brings a wide range of benefits to businesses. Improving sales and revenue is always important in any industry. By eliminating infringements and counterfeits, a company can increase revenue and market share.

For a more complete guide to brand protection- why it is necessary, how infringement harms brands and customers, how to develop and implement an effective program, and insights into the brand protection strategies of the future – download our Complete Brand Protection Guide.

Download the Guide

READ PART 1     |      READ PART 2     |      READ PART 3

About Authentix

As the authority in authentication solutions, Authentix can help brands create a customized plan to tackle counterfeit products from every angle, collect actionable data, and protect brands and consumers. Authentix works with each company to determine which brand protection solutions are right for their situation.

Authentix brings enhanced visibility and traceability to today’s complex global supply chains. For over 25 years, Authentix has provided clients with physical and software-enabled solutions to detect, mitigate, and prevent counterfeiting and other illicit trading activity for currency, excise taxable goods, and branded consumer products. Through a proven partnership model and sector expertise, clients experience custom solution design, rapid implementation, consumer engagement, and complete program management to ensure product safety, revenue protection, and consumer trust for the best known global brands on the market. Headquartered in Addison, Texas USA, Authentix, Inc. has offices in North America, Europe, Middle East, Asia, and Africa serving clients worldwide.

The Future of Brand Protection

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Part 3 of our series of topics from Your Complete Brand Protection Guide by Authentix. Our guide helps brands develop holistic and secure brand protection strategies and solutions that safeguard their company, products, customers, and revenue.

In an era where the digital and physical realms are increasingly intertwined, brand protection has emerged as a critical battlefield for businesses aiming to preserve their integrity and consumer trust. It is critical for companies to defend their brand identity and maintain their reputation against the threats posed by counterfeiters, copycats, and various forms of illicit trade and IP abuse. The future of brand protection lies in harnessing innovative technologies and strategies to outsmart counterfeiters and safeguard intellectual property. This article explores the cutting-edge tools and methodologies that are setting new standards in securing brands against the evolving threat of counterfeits.

More and more, the ubiquity of technology enables counterfeiters to produce higher-quality products that mask inauthenticity. Brand owners must begin to think differently about their supply chains and how to secure them. This means not only working with trusted partners across the supply chain, but also deploying advanced tools and technologies for brand protection. Yes, it means fighting fire with fire. This is the future of brand protection.

Counterfeiters are creative, resilient, and constantly evolving. Therefore, it is important for the industry to innovate and develop new technologies. New printing techniques, for example, along with the complexity of the designs, make features more difficult for counterfeiters to replicate.

These advancements deter counterfeiting and safeguard consumer goods such as food and beverages, fashion, and even cleaning products, which are increasingly targeted by counterfeiters. In addition, developing security printing techniques and features that are economically feasible for smaller brands to adopt is essential, ensuring widespread protection across various industries.

With the increasing reliance on online platforms to sell products, brands are more vulnerable to cyber threats, hacking, and ransomware attacks. This will only increase in the years to come. And, as more people turn to social media to purchase products, companies must be ready to combat negative reviews, false information, and social media attacks. Active social media monitoring and engagement are essential for the future. Implementing strong cybersecurity measures to safeguard customer data will also be crucial.

AI, AR, and Machine Learning in Brand Protection
Two main benefits that AI brings to brand protection are counterfeit detection and image and video recognition. AI algorithms can analyze vast amounts of data to identify patterns indicative of counterfeit products. This can include monitoring online marketplaces, social media, and other channels for unauthorized sellers. Advanced image and video recognition algorithms enable brands to quickly identify instances of unauthorized use of their logos, trademarks, or product images across various platforms.

Emerging technologies like augmented reality (AR) also hold immense potential to revolutionize brand protection. AR can offer an additional level of digital verification of documents or products while fostering consumer engagement and enhancing security measures.

By giving consumers the ability to scan documents or labels on products using their phone, two significant outcomes are achieved:

1. Consumers can participate in interactive brand engagement activities, fostering brand loyalty
2. Consumers inadvertently become inspectors in the field as the absence of AR features upon scanning could indicate a counterfeit product, allowing them to instantly report it.

For a more complete guide to brand protection- why it is necessary, how infringement harms brands and customers, how to develop and implement an effective program, and what to look for in a brand protection partner – download our Complete Brand Protection Guide.

Download the Guide

READ PART 1     |      READ PART 2

About Authentix

As the authority in authentication solutions, Authentix can help brands create a customized plan to tackle counterfeit products from every angle, collect actionable data, and protect brands and consumers. Authentix works with each company to determine which brand protection solutions are right for their situation.

Authentix brings enhanced visibility and traceability to today’s complex global supply chains. For over 25 years, Authentix has provided clients with physical and software-enabled solutions to detect, mitigate, and prevent counterfeiting and other illicit trading activity for currency, excise taxable goods, and branded consumer products. Through a proven partnership model and sector expertise, clients experience custom solution design, rapid implementation, consumer engagement, and complete program management to ensure product safety, revenue protection, and consumer trust for the best known global brands on the market. Headquartered in Addison, Texas USA, Authentix, Inc. has offices in North America, Europe, Middle East, Asia, and Africa serving clients worldwide.

What Brand Protection Solutions Are Right for My Company?

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Part 2 of our series of topics from Your Complete Brand Protection Guide by Authentix. Our guide helps brands develop holistic and secure brand protection strategies and solutions that safeguard their company, products, customers, and revenue.

Infringement and illicit trade can create a web of negative impacts that harm brands and their customers, often jeopardizing the consumer experience when customers unknowingly purchase a product that proves to be falsified. Fake products result in economic harm to businesses through decreased revenue and increased warranty or return claim reimbursements. They also degrade the brand’s reputation, leading to a loss of consumer trust.

The effects stretch beyond financial loss, often posing environmental risks and endangering public health and safety with hazardous products. In addition to the potential risk of harm to consumers, legal and liability issues can arise. Add to the mix potential phishing scams, fake online product listings and social media accounts, etc., and there are many risks for brands and consumers when illicit trade happens.

Anti-counterfeiting features that authenticate products are both overt and covert and can be applied in numerous ways including in product, on product in the form of labels and closure seals, on cartons where containers of products are stored, into plastic parts of individual packaging, and even onto metal and glass components of packaging. Each feature serves a unique purpose. Covert or invisible markings enable trained inspectors to quickly authenticate genuine products in the supply chain, identify the source of diversion or determine other illicit activities. There are also overt features that allow the end consumer to verify the authenticity of their purchased product. When combined with careful design and production quality controls in authentic product manufacturing, these features raise the bar of complexity for counterfeiters and make the product a less attractive target and far less vulnerable.

Overt Security: Visible security features are valuable in product authentication. Visible to the naked eye or felt via touch, this category includes holograms, color-shifting inks, and security threads that are difficult to reproduce or copy. Other examples include microtext, thermographic ink and even micro-optics (the blue lenticular strip found on the current U.S. $100 bill).

Although visible security features are a starting point, counterfeiters are creative. Even if a visible authentication feature is hard to recreate perfectly, a counterfeiter with the right tools and illegal intent only needs to copy it closely enough to confuse a consumer who just gives a package a quick glance. Additional measures create layers of security – making it more difficult, even impossible in some cases, to copy or duplicate security features.

Covert Security: High-security covert features can be embedded into labels, closure seals, or other features of product packaging. Although these covert markers are invisible to the naked eye, they can be found and measured with specialized handheld instruments using proprietary optics and detection algorithms for rapid, secure field authentication. Additional forensic layers of security can be embedded into materials and confirmed through more extensive laboratory analysis for evidence to further prosecute profiteers.

Semi-Covert Security: As the name suggests, these are features that might not be noticed until someone closely examines the product or package.

Forensic Security: Forensic analysis involves laboratory testing of products via an embedded component or molecule added to a substrate or solution to determine authenticity. Unique product elements are examined so brand owners can generate compelling evidence of counterfeiting for legal proceedings. However, the ability to trace a product back to its origin is not supported unless a unique hidden tracing element is added to the product.

Case Study: Pharmaceuticals

The Challenge
Counterfeit copies of a major pharmaceutical brand were turning up in the U.S. market, but the brand had no security measures in place to allow patients or inspectors to tell real products from the fake. Consequently, $1 billion worth of product, already in the distribution pipeline, could not be sold until a method of allowing patients and retailers to verify that the medicine is authentic could be implemented.

The Solution
The customer’s product was repackaged to include a variety of authentication features that could be identified by patients and inspectors, both in the field and in the laboratory. These included:

  • Overt, color-shifting inks readily distinguishable by patients
  • Covert, machine-readable inks detected in the field by inspection staff with appropriate readers
  • Forensic markers only detected under laboratory analysis

The Outcome
The Authentix solution to the customer’s counterfeiting problem provided a secure means of instantly differentiating authentic from counterfeit medicines. The benefits were immediate and significant:

  • $1 billion worth of product frozen within the supply chain was released for sale
  • The expense of a full product recall was averted
  • The customer was able to mitigate the risk of potential lawsuits
  • Most importantly, confidence in the brand was restored among physicians, pharmacists and patients

Learn more: https://authentix.com/pharmaceutical-case-study/

Chemical and Physical Markers: These can be hidden from consumers and counterfeiters and can only be seen with specific detectors that are calibrated to a specific wavelength to verify authenticity.

Tamper Evident Packaging: These are labels, stickers, or seals that, when opened or tampered with, provide immediate evidence that the product has been compromised.

Serialization: In the serialization process, a company applies individual unique codes and/or signatures at the point of manufacture (giving each product an identifiable attribute) and defines scanning locations where retrieval and association of the unit can be linked to the scanning transaction.

These transactions uniquely capture, track, and store data from those markings in a managed database that allows authorized personnel to monitor the product journey by unit or larger groups. Most are familiar with this process as it applies to shipping a package overnight where it is tracked online until it reaches its destination.

Digital QR Codes: Products can be scanned and authenticated without the need for an app, using a smartphone camera that can then further engage consumers by directing them to other webpages where they can register their warranty, learn more about the product, and even suggest other complementary products. As the product travels through the supply chain, the unique number or symbol can be collected in the database and added to its history.

This information is available to a credentialed user via a mobile app or localized database. In a track and trace system, for instance, the information flow can be bi-directional, so the collection of the symbol, the scanning event and the unique call to the database can be recorded and appended to the product record for verification purposes.

Online Brand Protection: The rise in online sales has been unfortunately accompanied by the rise in counterfeiting on online marketplaces, social media platforms, and websites. As mentioned earlier in this guide, online brand protection tools include keyword monitoring, logo detection, image matching, and the use of advanced brand protection technology like Artificial Intelligence (AI) and Machine Learning. Online brand protection allows your company to easily scan webpages and marketplaces, social media platforms, e-commerce apps, messaging apps like WeChat, payment sites, and the dark web for infringing content and listings and get them taken down.

For a more complete guide to brand protection- why it is necessary, how infringement harms brands and customers, how to develop and implement an effective program, and insights into the brand protection strategies of the future – download our Complete Brand Protection Guide.

Download the Guide

READ PART 1

About Authentix

As the authority in authentication solutions, Authentix can help brands create a customized plan to tackle counterfeit products from every angle, collect actionable data, and protect brands and consumers. Authentix works with each company to determine which brand protection solutions are right for their situation.

Authentix brings enhanced visibility and traceability to today’s complex global supply chains. For over 25 years, Authentix has provided clients with physical and software-enabled solutions to detect, mitigate, and prevent counterfeiting and other illicit trading activity for currency, excise taxable goods, and branded consumer products. Through a proven partnership model and sector expertise, clients experience custom solution design, rapid implementation, consumer engagement, and complete program management to ensure product safety, revenue protection, and consumer trust for the best known global brands on the market. Headquartered in Addison, Texas USA, Authentix, Inc. has offices in North America, Europe, Middle East, Asia, and Africa serving clients worldwide.

Steps for Developing and Implementing a Brand Protection Strategy

     |     

Part 1 of our series of topics from Your Complete Brand Protection Guide by Authentix. Our guide helps brands develop holistic and secure brand protection strategies and solutions that safeguard their company, products, customers, and revenue.

Counterfeiting, smuggling, diversion, and infringement- collectively known as illicit trade- continues to be a growing global problem for businesses and consumers. With the increasing volume of counterfeit goods trafficked across the globe seeping into multiple supply chains, a well-strategized brand protection program is more essential than ever to shield what matters most to businesses – customers, brand identity and reputation, and revenue.

Creating a brand protection plan for companies means working together across different parts of the company and locations around the world. It also means building relationships with outside groups like customs, police, and government agencies, as well as stores, websites, and suppliers.

The following are recommended steps to consider when developing an effective brand protection program.

#1 Early Evaluation: Before a company can take advantage of these benefits, it needs to fully understand how serious and widespread the problem of theft can be. Evaluation of the problem is the first step. Also, evaluating which anti-counterfeiting security methods work best for a company’s product and industry will allow the brand owner to get the necessary information on possible security features and packaging design that might be required as part of the final product launch.

#2 Risk Assessment: When identifying product risk, it is important to develop a risk inventory for the products. The level of risk associated with each product will differ depending upon a multitude of factors including supply chain complexity, geography in which the product is sold, price points, margins, complexity to copy, and total demand expected for the product.

The next step is to assess potential brand damage. With brands among the most valuable assets a company owns, the fragile bond of trust between consumers and their products is a corporate and strategic asset that cannot be risked. Any injuries or deaths caused by counterfeits can destroy this relationship, and top management should be aware of the risk and committed to demonstrating leadership on the issue. Brand protection managers and the marketing team also should be involved and participate in assessing the risk of counterfeit attacks and the value of all proposed strategic solutions.

#3 Strategy Development: At this point, responses to the most pressing threats can be translated into action by organizing a method for management, information, and technology tools to respond to threats. This is also the time to allocate resources appropriately based on risk areas and draft a communications plan that covers potential causes of risk, avoidance actions, transference and mitigation actions, and potential impacts and contingency actions.

#4 Detection and Monitoring: To effectively protect a brand against counterfeiting, businesses must employ comprehensive detection and monitoring strategies that showcase dedication to enforcing their intellectual property rights and prosecuting violators.

This includes implementing a variety of security features on product packaging, conducting educational campaigns for public awareness, enhancing legal penalties for counterfeiting, inserting strict anti-counterfeiting terms in vendor contracts, and performing unscheduled audits on distribution partners. Vigilance in monitoring online and physical marketplaces for unauthorized sales, fake profiles, and counterfeit listings, along with the deployment of anti-phishing software, is also crucial for the early detection of threats and swift action to mitigate brand infringement.

#5 Enforcement: Keeping a brand safe means making sure that rules and responsibilities related to intellectual property are properly observed, both online and in the physical world. This task often requires collaborating with the right authorities to handle issues like illicit manufacturing, copyright infringement, counterfeit products being sold, shut down fake websites, and take down counterfeit listings.

#6 Data Analysis, Reporting and KPI Tracking: To track and measure the effectiveness of a brand protection strategy and ensure the prevention of counterfeit activity as much as possible, businesses should prioritize thorough reporting and analysis, as well as track key performance indicators (KPIs).

This approach enables them to assess the extent of intellectual property violations and tailor strategies to enhance security measures, moving beyond mere takedown metrics to focus on substantial reduction of infringements. By shifting the perspective from brand protection as a cost to a strategic investment, companies can not only safeguard their assets but potentially unlock new revenue streams through focused and outcome-oriented actions.

For a more complete guide to brand protection- why it is necessary, how infringement harms brands and customers, what to look for in a brand protection partner, and insights into the brand protection strategies of the future – download our Complete Brand Protection Guide.

Download the Guide

About Authentix

As the authority in authentication solutions, Authentix can help brands create a customized plan to tackle counterfeit products from every angle, collect actionable data, and protect brands and consumers. Authentix works with each company to determine which brand protection solutions are right for their situation.

Authentix brings enhanced visibility and traceability to today’s complex global supply chains. For over 25 years, Authentix has provided clients with physical and software-enabled solutions to detect, mitigate, and prevent counterfeiting and other illicit trading activity for currency, excise taxable goods, and branded consumer products. Through a proven partnership model and sector expertise, clients experience custom solution design, rapid implementation, consumer engagement, and complete program management to ensure product safety, revenue protection, and consumer trust for the best known global brands on the market. Headquartered in Addison, Texas USA, Authentix, Inc. has offices in North America, Europe, Middle East, Asia, and Africa serving clients worldwide.

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