Protecting your product

20 November 2006

If you've visited a car boot sale, you've probably seen and possibly bought counterfeit products. It's tempting to pick up a copy of the latest DVD at a fraction of the high street cost.

In 2007 counterfeiting's global is estimated to be US$1,140 billion, while UK Trading Standards believe counterfeiting costs around £50 / person / year.

So what is the packaging industry doing to protect itself and its customers? Thankfully, developing smart technologies, including RFID for traceability, and security marking, using inkjet, laser and thermal transfer printing, security dyes, etching, encryption and encoding.

RFID tags come with a price, but the benefits include minimising inventory, reduced checkout scanning time, prevention of shoplifting and shrinkage and “smart shelf' technology”. Projected tag growth is 1,000 billion by 2015 - more than 99% in label form. The aim is for RFID to replace the barcode so over 85% will be at item level.

Smart coatings that change colour when laser activated are currently used on packaging, ID cards, documents, food and pharmaceuticals. The process can be used on many substrates in monochrome at 2500 dpi, but development will provide colour at 25,000 dpi.

There is also ongoing development of security film and tear tapes for securing and authenticating branded products. Overt for end users, with holograms, colour shift inks & films and fine line designs; semi-covert for external investigators and sales managers and covert for internal investigation teams. There are also ultra-small microtext print and taggants.

Finally, forensic technologies for legal evidence. But without investment and continued development in anti-counterfeiting techniques, UK businesses risk losing revenue and credibility.

So you think “Good - I'm up to date with the latest technologies” ( . . . and if you are a member of IOP: The Packaging Society, there's every chance you'll keep on top of things). However, someone can still steal your original ideas.

So unless you have a legal right, via patents, copyright, registered trademark or registered design, you have no remedy for counterfeiting. It is brand owners and designers' responsibility to take steps to protect their ideas, designs and products. Ensure you keep drawings / models and retain a design archive. There are legal remedies but it's important not to delay. Keep in touch with a legal firm, create a strategy and employ tactics when needed.

Don't forget the Patent Office is responsible for Intellectual Property; it's well worth looking at their advice.

So perhaps it's time to start thinking about your New Year resolutions and make this one of first things to do (along with renewing your membership of IOP: The Packaging Society).




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