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© 2014 MarkMonitor Inc. Successful Enforcement Strategies in Asian Marketplaces Featuring: Sneha Kohli, MarkMonitor Inc. Curtis Fuhriman, MarkMonitor Inc. Lacee Du, MarkMonitor Inc. February 11, 2014

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Page 1: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

© 2014 MarkMonitor Inc.

Successful Enforcement Strategies in Asian Marketplaces

Featuring:

Sneha Kohli, MarkMonitor Inc.

Curtis Fuhriman, MarkMonitor Inc.

Lacee Du, MarkMonitor Inc.

February 11, 2014

Page 2: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Successful Enforcement Strategies in Asian Marketplaces

� Featured Speakers

Page 2

Sneha Kohli, Sr. Product Manager, Brand Protection SolutionsMarkMonitor Inc.

Curtis Fuhriman, Global Service Delivery and Operations Manager

MarkMonitor Inc.

Lacee Du, Asian Coordinator

MarkMonitor Inc.

Page 3: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Page 3

Asian Market: Fast Growing and Dynamic

� Over 1.1 Billion Internet Users

� 44% of All Internet Users Worldwide

� Since 2003, Asian E-commerce Has Grown 120% Yearly

� Chinese Online Shoppers Have Doubled in the Last 3 Years,

Surging to 250 Million+

Page 4: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Page 4

Asian Market: Opportunities and Challenges

� PRO: Significant Local Purchasing Power, and Growing

� CON: World’s Workshop for Legitimate and Counterfeit Goods

Customized Brand Protection Strategy Required

Page 5: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Understanding the Asian E-commerce Landscape

Korea

Gmarket

EC21

ecPlaza

CHINA

NEPAL

MYANMAR

THAILAND

NORTH

KOREA

SOUTH

KOREA JAPAN

TAIWAN

CAMBODIA

LAOS

VIETNAM

PHILIPPINES

MALAYSIA

Japan

Amazon Japan

Rakuten Auction

Rakuten Ichiba

Yahoo! Auction

Yahoo! Shopping

Malaysia, Philippines, Singapore

eBay MY

eBay PH

eBay SG

Sulit (PH)

Taiwan

Ruten

China

Alibaba

Aliexpress

Alibaba China

DH Gate

DIYTrade

eBay Hong Kong

ECVV

Global Sources

Made-in-China

PaiPai

Taobao

TMall

Tradetang

Yahoo! Hong KongVietnam

Chodientu

Page 6: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Page 6

Success Starts With a Strong IP Portfolio

� Register Trademarks In All Relevant Classes and Countries

� Be Prepared to Meet Country Specific Requirements:

• Red seal on documents

• Business licenses, etc.

� Provide Proof of Authorization to Use Trademarks of Any

Brands Registered Under a Different Company Name

� Register Trademarks Prior to Launch of New Products in

Each Region Targeted to Promote or Protect Your Brand

• Renew trademarks promptly

� Consult Local Legal Counsel to Verify Strength of Trademark

Rights

Page 7: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Page 7

Success Starts With a Strong IP Portfolio(continued…)

� Maintain an Accessible Reference Library of Copyrighted

Imagery for Both Past and Present Products

� Maintain an Updated Patent Portfolio to Complement

Copyright and Trademark Enforcement Efforts

Page 8: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Page 8

Understand Scope and Prioritize Enforcement

� Understand the Scope of Your Underlying Problem

� Disrupt the Counterfeiters, Become a Hard Target

• Regularly delist to significantly reduce the volume of infringing listings

- Use whatever enforcement reasons are available

• Categorize remaining listings by counterfeit, grey market, or legitimate

� Prioritize and Escalate Enforcement for Persistent Sellers

• Controlled buys to identify supplier

• Marketplace black-listing

• Legal action

Copyright is Usually the Easiest Way to Get Listings Down—Fast

Page 9: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Page 9

Develop a Regional Monitoring and Enforcement Strategy

� Prepare to Constantly Evolve Your Enforcement Strategy

� Adapt Internal Processes to Each Exchanges’ Localized

Requirements and Guidelines

� Understand Your Distribution Partners and Affiliates in Each

Region

� Maintain Separate Goals and Strategies for Addressing Grey

Market Versus Counterfeit Issues

• Set realistic goals that prioritize making a counterfeited version of your product hard to find by consumers

� Utilize Local, Professional, Native Speakers for Review

Page 10: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Page 10

Develop a Regional Monitoring and Enforcement Strategy (continued…)

� Be Prompt and Consistent in Enforcement Efforts

� Escalate Unresolved Issues Outside the Standard IPR

Process

• Remember, being too aggressive can result in additional scrutiny and removal time for all of your delisting requests

� Leverage Intelligence Gained from Monitoring for Valuable

Insights Into Developing Markets

Page 11: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Page 11

Leverage Local Expertise

� Leveraging Partners in Brand Protection Builds Trust with

Sites and Improves Compliance Rates

• Understand the local enforcement complexities of the Marketplace

• Leverage relationships with the Marketplaces—established and strengthened over many years—to the benefit of all brand owners

• Succeed with typical enforcement issues as well as specific, unique customer issues

Page 12: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Top 5 Most Enforced in Asian Marketplaces*

Page 12

1. Taobao

2. PaiPai

3. Aliexpress

4. Alibaba

5. Ruten

*Also, The Most Popular Asian Marketplaces

Page 13: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Page 13

Compliance Benchmarks by Region

Page 14: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Compliance Benchmarks by Industry

Page 14

Page 15: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Q&A

� Featured Speakers

Page 15

Sneha Kohli, Sr. Product Manager, Brand Protection SolutionsMarkMonitor Inc.

Curtis Fuhriman, Global Service Delivery and Operations Manager

MarkMonitor Inc.

Lacee Du, Asian Coordinator

MarkMonitor Inc.

Page 16: Successful Enforcement Strategies in Asian Marketplaces FINAL · Successful Enforcement Strategies in Asian Marketplaces Featured Speakers Page 2 Sneha Kohli, Sr. Product Manager,

Thank You!

� For information on MarkMonitor solutions, services and

complimentary educational events:

• Contact via email:

[email protected]

• Visit our website at:

www.markmonitor.com

• Contact via phone:

US: 1 (800) 745 9229

Europe: +44 (0) 203 206 2220

Page 16