At Orion investigations co. ltd, we have extensive experience in providing Intellectual Property(IP) Protection services to clients from a wide range of industries. The combined experience of our investigators, raid team, lawyers and computer forensics experts allows us to recommend and implement effective strategies to protect our clients’ Intellectual Property in Thailand.
When a client first becomes aware that their intellectual property is being infringed, we recommend the following 4 step strategy
Determine the nature and extent of the infringement
This can be done by using investigators to either survey physical or online markets or interview people with inside knowledge of the business.
Determine the client’s tolerance for infringement
Companies producing products which have customer health and safety implications such as pharmaceuticals, foods and car parts will usually have zero tolerance to infringements. Companies who don’t believe that infringing products will be confused with the genuine and don’t believe they are competing for the same buyers may be more tolerant. Most companies will find themselves in between these two extremes.
Formulate and Implement an Action Plan
Where there’s a gap between a client’s tolerance and the market situation, we formulate a plan to reduce the infringements and then implement the plan.
Continue to monitor the market for further infringements
Continued vigilance for the reemergence of counterfeit in the market is needed to ensure the hard won territory is not surrendered back to the infringers.
Our broad range of intellectual property protection services includes the following
Intellectual Property Investigation Services
- Market Surveys to identify retail outlets and determine availability of counterfeit items.
- Lead Generation through our network of informants.
- Investigations to locate importers, warehouses and manufacturing facilities using informants, undercover buys, surveillance and other investigation techniques.
- Hotline management for informants to report leads through.
Intellectual Property Representation Services
- Raid coordination to take action against infringers and disrupt supply in the market. We work with the relevant local authorities to raid premises, seize products and apprehend and prosecute offenders. If appropriate, our computer forensics experts can analyze any computers and other electronic devices found during the raid for evidence of sales volumes and suppliers.
- Post-raid press releases to show the public that you are serious about protecting your intellectual property and to deter other counterfeiters from targeting your product.
- Negotiation – In some cases, it is in an IP owner’s best interests to try to reach an out of court settlement with an infringer. We are able to represent our clients in negotiations and ensure that they get the best possible deal.
- Litigation – Our lawyers are also able to represent clients in civil and criminal litigations and have a proven track record of successful criminal prosecutions (both assisting public prosecutors and private criminal prosecutions) and successful civil litigations.
- Government Relations – Orion represents our clients and coordinates contact with various government officials and agencies including the Royal Thai Police, The Department of Intellectual Property, The Food and Drug Administration and Royal Thai Customs
Intellectual Property Consulting Services
- Identification of companies intellectual property (copyrights, trademarks, trade secrets etc)
- Development of intellectual property protection strategies
- Intellectual property registration
- Identification and investigation of infringements of intellectual property
- Recommend and coordinate appropriate responses to infringements
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Trademarks
- Advise on suitability for registration – Not all marks can be registered. If the mark is not distinctive enough (an everyday object with no defining characteristics) then it will not be accepted by the Trademark Office. Recognizing this at an early stage will save time and allow for necessary changes to be made to allow your mark to be registered.
- Searching for prior registrations – If your mark is the same as or similar to a mark that has already been registered then it will also not be accepted by the Trademark Office
- Registration – Once we have confirmed that the mark is suitable to be registered, we can begin the registration process. The total process takes approximately 15 months from start to finish.