Briefings

Brands and Rights: Anti-Counterfeiting Tool Wins FT Legal Innovation Award

Intellectual Property
Tulip® - Turning Losses Into Profits
July 2006

Brand owners winning fight against counterfeiting

Brand owners around the world continue to struggle with the fight against counterfeiting. In fact, the International Chamber of Commerce estimates that counterfeiting around the globe costs businesses over $600 billion every year.

However, many brand owners are fighting back against counterfeiters and winning with Tulip®. Developed by Mishcon de Reya's Brands & Rights Group, Tulip® (Turning Losses Into Profits) focuses on the money that the counterfeiters are making, not the product. It returns profits lost by brand owners to the counterfeiters.

The key to Tulip® is that it is a self funding and self perpetuating programme that all brand owners can utilise, as it is not product specific nor is it jurisdiction specific. The other key factor is that Tulip® is flexible and adaptable and can be implemented by any organisation, regardless of whether they are just starting to develop an anti counterfeiting programme or have had one in place for years.

Award Winner

In June 2006, the Tulip® anti-counterfeiting programme was named as the 'stand-out' entry in the 'Legal Expertise' category of the inaugural FT Legal Innovation awards. Of critical importance to the FT in making its selections was the real commercial value that Tulip® delivers, a view eagerly shared by clients in the report:

"Mishcon has come up with a unique product, which no one else has done as effectively. They have saved us more than £1million in the last year."

How effective is your fight against counterfeiting?

Our questionnaire will help brand owners evaluate the strengths and weaknesses of their anti-counterfeiting strategies.

Tulip<sup>®</sup>

Take the Tulip® Self-assessment Test

IMPORTANT: This briefing note is only intended as a general statement of the law and no action should be taken in reliance on it without specific legal advice. Release Date: 18 July 2006

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