IMPORTANCE OF DESKTOP INVESTIGATION IN ONLINE IPR ENFORCEMENT
In an effort to combat global counterfeiting of branded products on online platforms, an effective Online IPR Enforcement is the requirement of time. Online IPR Enforcement can be explained as the process wherein legal action is initiated against online platforms such as stand-alone websites, marketplace websites and social media websites who are indulged in selling and promoting counterfeit goods of well-known brands.
About Desktop Investigation:
Online IPR Enforcement is a stage by stage process and the foremost and the most important stage of online enforcement is Desktop Investigation. Desktop Investigation can be termed as the process wherein an investigation of a suspected infringer of a trademark is conducted online through the various online databases, social media and websites available. Desktop Investigation helps us determine if an infringer has any online presence, social media accounts and how actively they are promoting and selling their products.
Desktop investigation is the most initial stage of IPR Enforcement and it includes but is not limited to social media searches, database searches (MCA, WHOIS, Trademark Registry both national and international, etc), phone enquiries as and when required, identifying infringers’ identity and their place of residence so as to serve legal notice and conduct raid at a later stage, confirming facts known or believed to be true, etc.
Today brands prefer to have quick brief information of the suspected infringer initially so as to decide whether to initiate an advanced investigation or not. Desktop investigation helps in making such decisions.
Benefits of Desktop Investigation in IPR Enforcement:
1. Quickly assessing risk
2. Providing prompt identification
3. Delivering the information rapidly
4. Developing critical subject matter
5. Accelerating decision making
6. Resolving and managing issues
7. Cost saving
Desktop Investigation is the first and the foremost tool used in IPR Online Infringement investigation and it’s indispensable in making an important decision and uncovering relevant information. With the rapid digitisation happening around the world, it’s becoming a crucial part of IPR Enforcement.
