CHAPTER 5

Proactive Internal Procedures to Combat Counterfeiting and the Grey Market

When it is obvious that the goals cannot be reached, don’t adjust the goals, adjust the action steps.

—Confucius

Overview

Understandably, the parties that are most concerned about grey marketing and counterfeiting are the rights holders and their authorized channels. To avoid damage to their brand reputation and erosion of their profits, the parties will jointly seek ways to curb the grey market and counterfeit problem, equipping themselves with instruments from the intellectual property rights (IPR) “war chest” currently available to them—unfair competition, trademark and copyright laws, or other prosecutable IPR infringements. The parties may exercise their ...

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