Brand Protection

MSA IP’s brand protection service delivers:

a) efficient and skilled enforcement

b) advanced monitoring and analysis of online and physical markets

c) reliable and sophisticated intelligence gathering, aimed at dismantling the most complex counterfeiting networks.

Our team covers both traditional enforcement activities, such as customs measures and criminal actions and raids, and online enforcement activities aimed at preventing the sale of infringing products through websites, e-commerce platforms, social media and other digital platforms. Our team’s efficient, synchronised and highly-skilled approach increases the likelihood of a brand owner recovering proceeds of IP crimes, while simultaneously disrupting counterfeiting operations and obtaining useful intelligence about the criminal organisations behind these operations.

MSA IP supports brand owners in legal actions against counterfeit products that pose a threat to the owners’ legitimate business interests and consumer safety.
On behalf of our clients, we engage in communication with those involved the trade of counterfeit goods, with two key goals:

• Causing them stop their illicit practices
• Collecting damages caused to our clients as a result of counterfeiting activities.

We also liaise with the police and with other enforcement authorities, and assist them in prosecution of infringers.

For example, we assist in the recordal of intellectual property (IP) rights with customs authorities and we train customs officers on how to detect counterfeits.

Once a seizure of suspected counterfeits occurs, we provide assistance to determine the nature of the goods by taking photos and/or sampling.

If the seized goods are assessed as counterfeits, we request their destruction and, if necessary, we initiate civil and/or criminal proceedings to that end. We can organise and witness the destruction of counterfeit products. In countries where such administrative measures are available in relation to counterfeits on the market, we assist with those too.

Online brand protection is a particular strong point of MSA IP. We take swift, focused and persistent action following the identification of illicit online content. The intent of this process is not only to remove specific counterfeits from sale, but also to disrupt the business activities of counterfeiters so they can no longer profit from counterfeiting a client’s brand.

MSA IP has a highly developed anti-piracy practice. A particular area of focus is software piracy, for which we have represented a number of leading software companies for several years.

Our anti-piracy services include:

• Investigations into allegations of piracy
• Pre-litigation activities, such as issuing cease-and-desist letters to infringers
• Enforcement of rights through civil, administrative or criminal raids
• Enforcement of rights in civil litigation, administrative or criminal proceedings.

As busy organisations, our clients often lack the resources to monitor markets and identify all instances of IP infringement. MSA IP can do this for you.

In order to obtain useful information and maintain an upper hand in the fight against counterfeiters, MSA IP’s analysts and brand protection experts continuously monitor physical and online markets. We conduct periodical and targeted market monitoring in order to obtain information about the sale of counterfeit products. Our specialists use artificial intelligence and other advanced technologies to scrutinise online offers for potentially illicit content (on websites, e-commerce platforms, social media, search engines, mobile apps and the like). This process is fully automated and brings relevant data into MSA IP’s system almost instantly.

Once monitoring data has been collected, it is systematically stored for further review and analysis. Our analysts are trained to quickly distinguish between legitimate and illicit content, and to use their insights to:

• Map out counterfeit product distribution networks
• Discover the sources of counterfeit products
• Reveal the criminal networks behind the production and sale of counterfeit goods.

Our monitoring insights are complemented through collaboration with highly-skilled external investigative consultants, who deliver valuable intelligence about production locations, supply chains, and the overall availability of counterfeit products.

This knowledge is a prerequisite for effective brand protection, and can make a genuine difference for brand owners. When issues are identified, MSA IP can offer informed advice on the appropriate next steps.