How to prevent counterfeit products?
What are some effective ways to prevent counterfeit goods?
If the product has technical features, a patent right should be obtained, if the product has a distinctive naming, a trademark right should be obtained, and if the shape of the product has a characteristic shape, a design right should be obtained.
Even if not, there are effective ways to prevent counterfeit products.
That is to acquire the design right of the product packaging box.
Counterfeit products are often sold by imitating the packaging of the product itself.
Therefore, if you acquire the design right of the product package, you can demand an injunction or claim damages against a third party who sold a counterfeit product that imitates the product package itself.
The duration of design rights is 25 years from the date of filing of the application, and the scope of rights extends to areas similar to the registered designs.
In addition, if a design right is acquired as a partial design for only the characteristic part of the package, even if the product name or description has been changed, it is more likely to be included in the scope of the design right.
Large companies acquire design rights for product packaging so that they can deal with counterfeit products.
You may have seen products like the one below. These are all products of Lion Corporation, and the design rights have been acquired for the packaging containers.
Design registration 1455795
Design registration 1397507
Design registration 1444582
Asahi Kasei Home Products Co., Ltd., which is famous for saran wrap, has acquired design rights for the following packaging containers.
Design registration 1556112
In addition, we believe that obtaining design rights for labels to be affixed to products as described below is also an effective method to deal with rip-off products.
Design registration 1162542
Design registration 1162541
To combat rip-offs, consider filing a design registration application for product packaging and labels.
