Product Piracy
The illegal reproduction of goods and their sale damages not only the reputation of the manufacturer of branded and licensed goods; they also lead to considerable losses in sales and profits. BOEHMERT & BOEHMERT has amassed extensive experience over many years in combating product and trademark piracy. We represent numerous international corporations, in particular in the entertainment, film and media industries.
The problem of product piracy affects companies in all areas of economic life. It is necessary to act rapidly and effectively in order to counteract the illegal imitation of products, which infringe upon trademarks, design patents and copyrights. Today, the relatively common cases of so-called “parallel imports” often lead to grave economic losses for the companies affected. “Parallel imports” are goods which have been legally manufactured, but which the manufacturer or licensee did not intend for sale for example in Europe. The illegal import of these goods disrupts market structures and undermines marketing and licensing strategies.
Due to our many years in this field, we have developed good contacts to the relevant customs authorities, state offices of criminal Investigation and prosecutors’ offices, and work closely with these bodies.
We offer the following services to companies who are affected by product piracy:
- We halt the further distribution of pirated goods and parallel imports rapidly and effectively through written warnings and preliminary injunctions. In conjunction with the responsible authorities, illegal goods are destroyed and the production and distribution channels are investigated. By asserting compensation claims, we endeavour to make our activities cost neutral for our clients.
- We conduct our own investigations to discover and combat cases of piracy in Germany.
- In order to effectively combat product piracy, one cannot avoid monitoring the marketplace. Through our cooperation with the customs authorities, monitoring of trade fairs and larger sales exhibitions, as well as internet platforms (auctions, forums etc.) we are able to quickly identify the emergence of pirated goods. In this way, serious damage to our client can be avoided, in particular in the lead up to extensive merchandising and advertising campaigns.
- We are involved in numerous organisations for the combating of product piracy and have a broad network of international contacts at our disposal. BOEHMERT & BOEHMERT is involved in the International Anti-Counterfeiting Coalition (IACC) and the Aktionskreis Deutscher Wirtschaft gegen Produkt- und Markenpiraterie e.V. (APM). Our connections enable us to further support our clients effectively in the tracing and pursuit of pirated goods abroad, especially in the Far East.
