Global IP Matrix - Issue 5

The self-service tool allows a brand to search
the Amazon platform and, if they believe
they’ve found a counterfeit, the brand can take
it down itself. This gives brands unprecedented
power to control and remove listings from the
Amazon store directly.
“I’m excited about the technology
advances underneath the protections...
I’m not aware of anyone else that, at
scale, is giving brands access to remove
products from their store directly.”
Mehta.
However, in order to maintain this autonomy,
brands must maintain a high bar for accuracy.
There are several processes in place to promote
accuracy, including required training as
part of Project Zero enrolment and ongoing
monitoring to prevent misuse of these tools.
Some brands who have unfortunately not
managed to reach this level of accuracy, have
been removed from the programme.
Abuse of Power “There’s been a couple
of cases where brands [have been]
abusing the self-service counterfeit
removal tool, so we’ve removed a small
number of brands from the project,”
warned Mehta.
Product Serialisation
Scheme
The final tool is a product serialisation
capability, which provides brands with a
unique code for every product it manufactures
and allows Amazon to scan and verify the
authenticity of every unit before it is shipped
to a customer.
Product serialisation is a powerful tool for
detecting and stopping counterfeits from
reaching customers. Brands also have the
choice to determine which of their products to
serialise.
Brands do not need to serialise their products
to enrol in Project Zero. However, the brands
that do serialise their products are reportedly
seeing the best results.
Merchants obtain tracking numbers from
Amazon and apply them to their products
and packaging, so Amazon’s systems can scan
items for authenticity. It builds upon the Brand
Registry, for registering logos and trademarks
to facilitate detection of infringement,
introduced in 2017.
“Unlike other companies, Amazon’s
product serialisation is more proactive,”
said Mehta. “Many other companies
will apply a unique code during the
manufacturing process, so the customer
is able to scan the code after purchasing
the project, which is entirely reactive,”
he said.
The Success of Project
Zero in the USA
Dharmesh Mehta, Vice President, Amazon
Worldwide Customer Trust and Partner
Support, spoke about the US version of the
project and the progress it’s made.
“More than 99.9% of the products that
consumers view have never received
a counterfeit complaint,” Mehta said.
He added that while that’s a high rate
of authentic products being sold on
Amazon, it’s not perfect and it’s not
resulting in zero counterfeits. “How
could we combine what Amazon has
in terms of strengths in technology,
machine learning, and innovation
with the strengths brands have in
the intimate knowledge of their own
products and IP? Moreover, how can
we work together to drive products to
zero?” he said.
While Mehta is not an expert in what other
online platforms are doing, he believes that
each of the components of Amazon’s suite is
unique.
“More than 99.9% of the products that
consumers view have never received
a counterfeit complaint,” Mehta said.
He added that while that’s a high rate
of authentic products being sold on
Amazon, it’s not perfect and it’s not
resulting in zero counterfeits.
Mehta concludes: “The initial results
from Project Zero have been promising
and we will keep improving – we will
continue to refine our technology,
expand to more countries, and will
continue to work with brands to drive
counterfeits to zero.”
“A core part of that memo is around
the value and impact we can have by
government organisations, brands,
marketplaces … working together to
stop counterfeits. We’re super aligned
with that, and I think there’s more we
can do there,” explained Mehta.
The brands that are using serialisation as part
of Project Zero haven’t used the self-service
counterfeit removal at all, according to Mehta.
Also, for those brands using the self-service
tool, Amazon has received zero notices of
counterfeits from them.
Deterrent Effect
Mehta also believes that while criminal
referrals are not the end-all solution,
they are a significant deterrent; “If
you look at digital piracy and what
happened several decades ago in terms
of monetary and criminal penalties,
I don’t think counterfeiting has kept
pace.” He added, “The more we can do
to create additional disincentives for
the bad actor and get better at detecting
them is good for all of us.”
Lisa Lovell, CEO of Brand Enforcement UK
Ltd, concludes, “As well as online enforcement
initiatives such as Project Zero, many brand
owners combine these efforts with offline
enforcement initiatives. Many of our clients
not only want to disrupt online trade; they
also want to follow the money to obtain some
physical evidence in the form of a product.
From this, we can establish far greater
intelligence about whoever is operating the
online listing. It often leads us to warehouses
where all of the stock is kept”.
Where physical evidence is found in the United
Kingdom, brand owners can also work with
Trading Standards so that they may consider
bringing a criminal action against the offender
on behalf of the brand. “We liaise with Trading
Standards on behalf of our clients, provide
them with the relevant witness statements
and documentary evidence in order that they
may pay an informal or even official visit to
the trader’s premises. They can make official
enquiries as to the source of the supply of the
goods and can even bring a prosecution on
behalf of the brand which costs nothing but the
time it takes to draft the witness statement”.
In some circumstances where Trading
Standards may not be able to assist due to
resource issues, brands may want to consider
bringing a private criminal prosecution or a
civil action. “Once the physical evidence has
been gathered, we are able to utilise this for
either private criminal or civil actions. In any
event, it is essential that brands must think
about their online efforts versus their offline
efforts as a combination of both will always
bring the best results.”
Learn more about Project Zero and sign up to
join the waiting list at www.projectzero.com
36 www.gipmatrix.com