Intellectual Property Protection and Enforcement Manual - Ipr-policy.eu

Investigation of the Investigator
Because the private investigator often serves as the “face” of the brand owner when interacting with law
enforcement, or perhaps, testifying for the brand owner in court, the first step in selecting an investigator is
to do your own investigation. Make sure that the investigator provides you with a copy of his or her license
and proof of insurance, has an established business with an office, performs thorough background checks
on all employees, and has IP experience that can be verified with references from other brand owners.
Particular Strength of the Investigator
The type of investigator needed may also be determined by the brand owner’s particular needs. For
example, certain investigators are focused on Internet-based monitoring and investigations, while others
may be plugged into certain geographic areas or ports. It may be that the brand owner finds itself
depending on a network of investigators to adequately cover its needs.
Investigator Training
Just as with CBP and other law enforcement agencies, it is critical for the brand owner to train the
investigator to be able to identify counterfeits of the brand owner’s products. This way, the investigator can
always be on the lookout for counterfeits of the brand owner’s products and can share that information with
law enforcement officials.
Responsiveness to the Investigator
In a good relationship between the brand owner and the investigator, the investigator will be a constant
source of information about potential instances of counterfeiting. It is important, therefore, that the brand
owner be available and responsive to the investigator’s reports. Brand owners should create a hotline for
reporting counterfeiters or, at least, provide the investigator with a single point of contact for reporting
counterfeits.
OUTSIDE LEGAL COUNSEL
Brand owners should also develop relationships with outside legal counsel who are versed in handling anticounterfeiting
matters. Counterfeiters are criminals who, from the very beginning, have taken measures to
conceal their true identities and cover their tracks. When confronted by injured brand owners, they often lie
under oath and destroy incriminating documents. The use of outside legal counsel experienced in defeating
these kinds of tactics is necessary to make litigation an essential and cost-effective part of your overall anticounterfeiting
and piracy strategy.
In addition, an experienced anti-counterfeiting attorney can advise the brand owner in developing and
implementing all other aspects of an effective anti-counterfeiting plan and can serve to coordinate the brand
owner’s anti-counterfeiting efforts by interacting with law enforcement, CBP, private investigators, and
counsel for other brand owners in responding to counterfeiting.
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