5/5/2020 Why a total-business solution is essential to proactive brand protection | World Trademark Review

27 Apr Why a total-business solution is essential to proactive brand

2020
protection
Academic study highlights 35 functions that can play a role in brand protection
Being enforcement-driven and reactive is downfall of existing protection programmes
Building partnerships and capacity to measure risk are key to gaining buy-in

A recent study – entitled “Brand protection across the enterprise: Toward a total-business solution” – has highlighted the importance of
engaging as many business functions as possible in effective brand protection, and suggested a number of ways to achieve this.

The research, conducted by Jeremy M Wilson of Michigan State University and Clifford A Grammich of Birdhill Research & Communications LLC,
reviewed submissions from 42 respondents – including 33 brand protection practitioners – to determine which departments “need to be
integrated as part of a coordinated effort to facilitate brand protection” and found that there are up to 35 functions that can play a role in anti-
counterfeiting efforts, proving that brand protection is everyone’s responsibility.

“The speci c functions a rm may look to rally in the protection of the brand may vary depending on their organisation, products and industry,”
states Wilson, speaking exclusively to WTR: “But a main takeaway is that the role of brand protection is much larger than the domain of a single
or even a few functions, and rms looking to maximise their brand protection performance should seek to integrate and coordinate as many
relevant functions as possible in their ght against counterfeit products and other brand infringements.”

Of the 42 respondents, almost half (19) agreed that brand protection tactics could be implemented by at least 15 functions, while a quarter (10)
maintained that they could be implemented by at least 20 functions. Unsurprisingly, security and brand protection topped the chart for those with
the highest number of unique and total brand protection tactics. “For rms establishing a brand protection programme, this research suggests
the prominence of elements of security, a distinct brand protection unit, and legal functions,” says Wilson. “Of course, the extent to which these
functions are structurally organised and distinct varies by rm, but collectively they are very important.”

However, the key point here is that it is not just traditional functions that need to take an active role in brand protection. Almost every conceivable
function – “from manufacturing to logistics, from supply chain to marketing and sales” – has a part to play.

“A total-business solution requires rms to acknowledge the critical role that virtually all functions of the organization play in brand protection and
to integrate them in a comprehensive and meaningful way to protect the brand,” the report states. This includes market monitoring by sales and
marketing; innovative packaging that allows positive product authentication by design; careful vetting of suppliers by procurement employees;
properly securing products by the warehouse team; and supply-chain management of goods and services from the point of origin to the point of
consumption.

“Existing brand protection programmes tend to be siloed,” Wilson explains. “For those looking to develop and advance their efforts, this research
highlights the many other functions, along with their breadth and depth, that can facilitate brand protection.”

So why are so many brands failing to engage these key functions in their IP protection efforts? The report notes that most existing brand
protection programmes are enforcement-driven and reactive, often missing opportunities to mitigate risk in effective ways. What is more, “some
brand owners may lack the resources even for an enforcement program, leaving them unprepared and placing them in a reactionary stance when
one of their products is counterfeited”.

 “One of the biggest obstacles to creating a total-business solution is demonstrating the value of the brand protection programme,” admits
Wilson. “Practical and methodological limitations make it challenging for brand protection practitioners to assess the size and nature of the risk
to which the rm is exposed, as well as to demonstrate their effectiveness in mitigating it. Efforts that help to build the capacity to measure their
risk, response and prevention efforts would go a long way in bolstering a total-business solution, both directly in that being data-driven is a central
tenet of a total business solution and also in securing support and resources from the C-suite and elsewhere to roll out a more comprehensive
approach.”

Ultimately, it is down to IP practitioners to ensure that their colleagues are buying in. “There are many ways brand protection practitioners can
elicit the support of the enterprise in their mission,” says Wilson. These include “gaining support from senior leadership, establishing partnerships
with key stakeholders across the rm through relationship building and give-and-take, and illustrating how protecting the integrity of the brand
promotes everyone’s mission”.
As such, the report offers six operational principles to establishing a brand protection philosophy that everyone can buy into. These encourage
brand owners to:

identify the infringer as the unseen competitor;

emphasise prevention, proactivity and strategy;
use performance metrics and data analysis to assess and mitigate risk;
highlight the value of internal and external controls and mechanisms for detecting and responding to infringements;

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5/5/2020 Why a total-business solution is essential to proactive brand protection | World Trademark Review

create a culture of continuous improvement and learning; and

promote a holistic approach that integrates all parts of the rm for brand protection.

Of course, the ongoing coronavirus pandemic will likely hinder a number of these efforts. But it takes a village to raise a child, and by following
this approach in future, rights holders can create a company-wide IP strategy that sees every function working together to protect their beloved
brand.

Victoria Arnold
Author | Senior Editor, IP Editorial
victoria.arnold@lbresearch.com

TAGS
Anti-Counterfeiting, Brand management, International

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