The protection of intellectual property is extremely important both in companies and individuals. In this sense, intellectual property includes both the industrial property of companies (inventions, patents, trademarks…) and the intellectual property rights of individuals (books, artistic creations…). In both cases, the objective to be achieved is the same: to prevent a third party from falsifying their own invention in order to exploit it and make a profit.
Detective agencies to protect industrial property
Thanks to the current legal framework in Spain, detective agencies can carry out actions aimed at protecting the industrial property of companies. In this sense, it is admitted that the brand goes beyond the simple name, and its elements, shapes, colors, layout and, ultimately, everything that can identify it is recognized as such.
Said actions would be aimed at obtaining evidence that demonstrates possible plagiarism or falsification by a third party, which would be obtaining a profit through lower prices and an unfair distribution.
Specifically, the actions that detective agencies can carry out are:
– Analysis of similarities between the characteristics of the original product and the supposedly counterfeit one.
– Investigation of the interests that the forger and his associates may have.
– Comparison and accreditation of market share between the original and the counterfeit product.
– Compilation of testimonials and evidence of the different moments in the life cycle of the counterfeit product, from its manufacture to the final sale through distribution and commercialization.
– Obtaining demonstrative purchases.
Detective agencies to find fakes
Counterfeits in the textile sector (clothing and footwear) are the most common in the Spanish market. Coming mainly from China and, to a lesser extent, from Turkey and Morocco, they cause billions of euros in losses and destroy tens of thousands of jobs, accounting for almost 15% of the sector’s sales, according to a 2019 report of the European Union Intellectual Property Office (EUIPO).
Counterfeits usually arrive in two forms: with the finished product and ready to sell, or with the product devoid of ornaments or characteristic labels of the brand, which are added in small local workshops, equipped with sewing machines and laser cutters.
At Agency World we are specialized in tracking supposedly counterfeit products, being able to complete the entire life cycle from arrival in the country to final sale. Contact us for any questions and we will advise you.