By Harley H.
Vietnam, like many other developing countries, is facing a growing challenge with the booming of counterfeit products and goods that infringe Intellectual Property Rights (“IPR-infringing goods”). According to statistics of National Steering Committee Against Smuggling, Commercial Fraud, and Counterfeit Goods, in 2023, 5,464 cases related to the production and trading counterfeit goods and IPRs-infringing goods were detected and prosecuted, 48% increase compared to the previous year.[1]
Counterfeit and IPR-infringing goods pose significant challenges to businesses by causing financial losses and damaging brand reputation. These kinds of goods, often sold at lower prices, attract cost-conscious consumers, diverting sales and eroding profits from legitimate brands. Luxury brands are particularly vulnerable as the reputation of the company and the brand is compromised when counterfeits flood the market, weakening consumer trust, goodwill and long-earned customer loyalty. Some customers may unknowingly purchase counterfeit products, only to be disappointed by their inferior quality or, in worse cases, face potential health and safety risks, especially in the case of electronics and consumable such as food, medicines, supplements and beverages.
Key Takeaways
- Counterfeiting Threatens Brand Integrity – Fake goods erode profits, damage reputations, and endanger consumer trust.
- IP Registration is the First Line of Defense – Securing Intellectual Property Rights empowers businesses to legally protect their brands.
- Vigilant Monitoring Strengthens Protection – Using technology and market surveillance helps detect and dismantle counterfeit networks early.
- Consumer Awareness is Critical – Educating customers builds loyalty and creates a frontline defense against counterfeit purchases.
- Proactive Enforcement Safeguards Long-Term Success – A comprehensive IP strategy ensures brand credibility and sustainable growth.
Protect Your Brand Today.
Given the severe threat from counterfeiting, protection IPRs has become an essential strategy for safeguarding brands
Intellectual Property Rights (IPRs) encompass copyright and related rights, industrial property rights (patents, trademarks, industrial designs, geographical indications, trade secret, trade name, and layout-designs of integrated circuits), and rights to plant varieties, which help businesses secure ownership over their intangible assets. IPRs help businesses prevent unauthorized use or imitation of their products, ensuring that their brand identity remains intact. Moreover, robust IPRs enforcement allows IPRs owners to take legal action against infringers and reduce the circulation of counterfeits. Without proper IP protection, businesses risk losing their competitive edge and suffering long-term reputational damage.
This guide aims to equip businesses with practical strategies to safeguard their brands, and counteract the threats posed by counterfeits and IPRs-infringing goods
To effectively combat counterfeiting, businesses should adopt a multi-faceted approach:
1. Register IPRs
First and foremost, registering IPRs is critical for securing legal protection. This crucial step establishes territorial rights that allow businesses to enforce their claims against infringers. Consult with your IP specialist if necessary to plan for an IP registration strategy as with some types of IPRs, registration at the Intellectual Property Office may not be required.
2. Monitor the market
Regularly monitor both online and physical marketplaces to detect counterfeit and IPR-infringing goods using tracking services or advanced technologies, such as artificial intelligence and big data analytics. These tools can enhance detection efforts and help identify counterfeit networks. Anti-counterfeiting technologies such as hologram labels, QR codes, RFID tags, blockchain, etc. for traceability can significantly improve product authentication and security measures.
3. Raise consumer awareness
Educating consumers through awareness campaigns is necessary so that they know how to distinguish between genuine and counterfeit or IPR-infringing products and encourage them to report suspicious items.
4. Enforce IPRs
When counterfeit or IPR-infringing goods are identified, businesses should take legal action through cease-and-desist letters, and/or request enforcement authorities to investigate and seize suspected counterfeit goods..
The importance of proactive measures
As counterfeit goods become more sophisticated, companies should adopt proactive measures to protect their intellectual property and maintain their competitive edge. A strong IP protection strategy- encompassing registration, market monitoring, anti-counterfeiting technologies, consumer education, and legal enforcement- helps in combating counterfeits and IPR-infringing goods, and safeguard the integrity of the brand.
By implementing these measures, businesses can minimize the risks posed by counterfeit and IPR-infringing goods while strengthening brand credibility, and fostering customers’ loyalty. Protecting intellectual property is a crucial investment that brings sustainability and success for any brand in today’s competitive marketplace.
In if you are seeking advice from the experts in the IP field, we are here ready to help. Don’t hesitate to reach out to us at kass@kass.asia!
[1] News: Handling Intellectual Property-Infringing Goods: Strict Measures Needed to Prevent Legal Evasio Xử lý hàng hóa vi phạm sở hữu trí tuệ: Cần mạnh tay để không “nhờn luật”