Anti-counterfeiting In The UAE: How To Create A Robust Strategy To Protect Your Brand?
Brand owners who carry out trademark registration in the UAE must stay alert against the threat of counterfeiting. Brands that follow the advice of trademark agents in the UAE can counter the threat of counterfeiting to a great extent. Yet, you must know that there exists the challenge of quantifying the threat to act against counterfeiting.
You will be at a loss if you are uncertain about the extent to which your brands and products are being targeted. Most small business owners are even unaware of the robust measures the UAE has implemented to contain the threat of counterfeiting. What you must do is review your approach toward anti-counterfeiting and come up with a robust strategy built around the anti-counterfeiting measures set out by the UAE government.
This blog is divided into two parts: the assessment part and the relevant actions you can initiate to legally oppose the act of counterfeiting. Read ahead to know further:
Assessment of Anti-Counterfeiting Strategy
Trademark agents in the UAE advise you to carry out the following assessment to develop a robust anti-counterfeiting strategy for your business.
1. Measuring the Threat to your Business
To contain the threat to your brand, you must first measure its likely impact on your business. By monitoring the market, both online and offline, you can assess approximately how many fake versions of your products are in the market. Trademark agents in the UAE offer trademark watch services that may come in handy for you to quantify the threat of counterfeiting on your brands.
2. Targeting and Costing Action
It is not easy for you to identify or stop every instance of counterfeiting as it may consume a big chunk of your time, budget and resources. Instead, you can train your focus on finding and mapping the biggest threats and commonly used counterfeiting channels and distribution routes (major transit hubs, trade ports etc.)
3. Measuring ROI
Each action you may initiate to save your brand from fake goods involves considerable costs. Mainly you may need to bear the costs of legal actions and official raids. The UAE has multiple methods and different procedures to seize counterfeit products. Therefore, it is imperative to assess in advance what types of actions are required and the costs associated with them. Instead of giving out a knee-jerk reaction, you must remain proactive and focused in your approach to developing a strategy for stopping counterfeiting.
Top Anti-counterfeiting Actions to Adopt
The UAE has different measures and procedures when it comes to containing the menace of counterfeiting in the country. Some of them are detailed below:
1. Record Trademarks with Customs
Tracking the major distribution channels used by the counterfeiters is a challenging process for trademark owners. However, the UAE has an efficient method to track the arrival of counterfeited products through major transit hubs and ports. First, you have to perform trademark registration in the UAE and record the registered mark with the Customs Authority of the relevant emirate.
By recording the registered trademarks with the relevant Customs Department, you can prevent the entry of fake goods into the UAE. Once the trademark infringement is identified, the Customs officials will seize the fake goods and destroy them. The Customs officials will also impose hefty penalties on the counterfeiters. However, only those trademarks registered with the UAE Trademark Office can be recorded with the Customs Authorities.
2. Administrative Action
Administrative action is widely regarded as the most efficient anti-counterfeiting measure implemented by the UAE. Administrative action is being regulated by the Department of Economic Development (DED) of the relevant emirate. Once the presence of fake goods is detected, you can file a complaint with the DED of the emirate in which the infringement was discovered. For example, if the fake goods are discovered in Ajman you must approach Ajman DED to lodge a complaint.
You need to submit relevant documents and fees while initiating the administrative action with the DED. The DED of the relevant emirate will carry out a raid at the site in which the counterfeited items are stored. The DED officials will seize the goods and a penalty of not less than AED 15,000.00 will be imposed on the infringers.
3. Criminal Prosecution
This method requires you to go straight to the police and file a complaint against the counterfeiters. The police will start an official investigation accompanied by raids. Once the culprits are booked, the case will go to a criminal court and the punishment may involve fines and jail sentences. The court may order to destroy the fake goods seized by the police.
4. Civil Action
You can also initiate a civil action against counterfeiters by filing a lawsuit in the civil court. The civil action can be initiated either after filing a police complaint or without one. The court may order severe punishments against the infringers including penalties or jail terms.
Get the Support of Trademark Agents in the UAE
Getting the support of trademark agents in the UAE such as Jitendra Intellectual Property (JIP) is critical for you to develop an effective anti-counterfeiting strategy within your firm. Since trademark registration in the UAE is a prerequisite for most anti-counterfeiting measures, our services may come in handy for you. JIP is a leading provider of trademark services in the UAE with the help of highly qualified trademark agents. Hire our trademark agents in the UAE to safeguard your brands from infringement and counterfeiting.