Companies need a strong team of in-house counsel and a proactive approach to properly protect their brand, speakers at the Asia Ethics Summit said.
“As a legal adviser for an organisation, you have to protect the company and play a part in the company’s long-term strategy,” said Rayan Tai, Asia-Pacific general manager at React, a not-for-profit organisation that fights counterfeit trade.
Companies should be more proactive about protecting their brands before a problem occurs, said Tai. “Brand protection is really not an endeavour where we react to something that has already happened. An ounce of prevention is more effective than a pound of cure.”
In addition to building up a team of in-house counsel, Jason Yao, Asia-Pacific counsel at Acushnet, said that it is also essential to find the right external agents – such as law firms, trademark agents and investigation firms – that have knowledge and experience operating in a local jurisdiction.
Yao also suggested that companies set up an online monitoring programme to track counterfeit products online and take fake listings down.
Issuing notices and takedowns was discussed as one measure to enforce rights and prevent online infringement.
However, licensing could be a more effective option, said Ang Kwee Tiang, Asia regional director at IFPI, which represents the recording industry worldwide. “The more people that license, the better it is for our company,” said Tiang. This is especially the case in the music industry, which has seen a decline in sales due to the availability of songs online for free download, he added.
Yao from Acushnet also emphasised the importance of brand owners working together with their competitors to protect their brands.
“I encourage brand owners to work with their competitors because there are many benefits of doing so, including sharing costs and approaching government agencies together with one voice,” he said.
The Asia Ethics Summit, jointly organised by the Ethisphere Institute and Asian Legal Business, was held on Dec. 4 and 5 at the Renaissance Harbourview Hotel in Hong Kong.
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