How can I take action against product piracy?
February 26, 2022 | 35,00 EUR | answered by Greta Kleine
Dear Lawyer,
My name is Georg Jung and I run a small business specializing in the production and sale of high-quality electronic products. Lately, I have noticed that my products are increasingly being copied by product pirates and sold at significantly lower prices. This not only leads to loss of revenue but also to a substantial damage to the reputation of my company.
I have already tried to combat product piracy by issuing cease and desist letters and initiating legal actions. Unfortunately, these measures have not been successful so far, as the pirates often operate from abroad and it is difficult to determine their identities. In addition, the legal processes are lengthy and costly.
For this reason, I am now looking for alternative ways to more effectively combat product piracy. Are there, for example, special measures that my company can take to protect the authenticity of our products? Or are there specific laws or guidelines that can help me successfully fight the product pirates?
I would greatly appreciate your support and advice on how to protect my company from product piracy and what legal steps I can take to combat the pirates. Thank you in advance for your help.
Sincerely,
Georg Jung
Dear Mr. Jung,
Thank you for your inquiry regarding protection against product piracy in your company. I am sorry to hear that you are facing this issue, as it can not only lead to loss of revenue but also significant damage to your reputation. I am happy to provide you with some advice and information on how you can more effectively combat product piracy.
First and foremost, it is important to protect your products and brand rights from piracy. This includes registering trademarks and design rights, as well as securing copyrights for your products. Through these protective measures, you can take legal action against product pirates and more effectively enforce your rights.
Additionally, you can implement technical measures to protect the authenticity of your products. This may include using holograms, serial numbers, or special codes that allow customers to verify the originality of your products. These measures can help warn potential buyers about counterfeit products and curb product piracy.
Furthermore, there are legal regulations and guidelines that can assist you in combating product pirates. For example, in German law, there is the Unfair Competition Act (UWG), which regulates protection against unfair business practices. Here, you can assert claims for injunction or enforce claims for damages.
However, it is important to note that combating product piracy can be a lengthy and costly process. It is advisable to seek legal advice in advance and potentially work with specialized competition law attorneys to effectively represent your interests.
I hope that this information is helpful to you and assists you in protecting your company from product piracy. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Greta Kleine, Competition Law Attorney
