In-House Counsel

Law departments and their role in anti-counterfeiting activities

By Rees Morrison

At a PLI conference, the General Counsel of Colgate-Palmolive dramatically pointed out that ?Counterfeit is the crime of the 21st century ? estimates run as high as around 10% of the world?s commerce.? If that estimate is anywhere near true, legal departments of companies who are victims must actively combat counterfeiters (See my post of May 5, 2008: Lenovo law department very involved.).

That said, what is the proper role of the internal legal team with respect to anti-counterfeiting initiatives? The actual boots-on-the-ground chores of finding copycat goods, buying them for proof, or seizing them has periodic, peripheral needs for legal counsel (See my post of June 11, 2008: vendors that locate and acquire fake products.). Legal advice plays a part, but management and enforcement of the anti-counterfeiting program should remain with the business units. The legal budget, for example, should not absorb ?buys? of illicit goods (See my post of Sept. 9, 2008: outside law department?s budget.).

Full post as published by Law Department Management on October 11, 2008 (boomark / email).