A company, as the holder of an industrial property right (IPR), must endeavour to detect all infringements and decide on the measures to be taken to enforce its exclusive rights. At the SPTO, we do not have the power to file complaints or to prosecute alleged offenders ex officio.
If you believe that IPRs have been infringed, we recommend that you seek advice from a specialist lawyer, both in your country and in neighbouring countries. We recommend that you contact the Official Association of Industrial Property Agents (COAPI) for more information.
Assess the importance of the infringed rights for the company and the resources available to defend them. Be cost-conscious and carry out a cost-benefit analysis.
It is a matter of assessing whether the infringement and damage are warranted or unwarranted, taking into account the economic value and extent of the fraud, the economic and even moral cost of the defence and the benefits to be obtained.
Without evidence, it is virtually impossible to find and identify the infringement or, as the case may be, the counterfeit goods.
Carefully store all documentation. Gather catalogues and other promotional materials that have been distributed by the competitor related to the possible copying or infringement. Try to find out other details (e.g. distribution channels of products).
Active participation is extremely important for conflict resolution.
On the SPTO website, there is a section called Stop Counterfeiting dedicated to IPR counterfeiting, with extensive information on counterfeiting, how it works, legislation, and measures and ways to combat it, etc.