Counterfeiting and Piracy

1. Anti-counterfeiting and Anti-piracy Strategy
Due-Diligence Awareness Partnership
Munish Sudan
Senior Manager, IP Cell
TATA STEEL LTD.
munish.sudan@tatasteel.com

2. Counterfeiting is just not lost of
revenues
39th
$18.16 Billion

3. Tata Steel – portfolio of more than 600 patent families
50 registered trademarks

4. 1. Lost tax revenue 2. Cost of Enforcement
3. Safety 4. Negative Impact on Innovation
1. Safety 2. Cost
1. Cost to failures 2. Lost sales 3. Brand Value
4. License revenue
Government
Customer
Industry
It is not only Industry which gets Impacted…..

5. Innovation is key to India’s economic growth and
development
“...the future prosperity of India in the new knowledge economy will
increasingly depend on its ability to generate new ideas, processes and
solutions. The process of innovation `shall convert knowledge into social
good and economic wealth. In a globally competitive world, India has to
unleash its innovation potential to increase capacity, productivity,
efficiency and inclusive growth.”...
Hon. President Pranab Mukherjee

6. Counterfeiting and Piracy Discourage Innovation…….
IP
Enforcement
R&D/Innovation
IP
Commercial
Exploitation
Differentiation
in the market
If there is
counterfeiting,
there is no
differentiation
possible

7. Product Life Cycle…….
Sales
Time
Development/R&D Introduction Growth Maturity Saturation Decline
Phase more prone
to counterfeiting

8. Why Counterfeiting Happens?
“If I had an hour to solve a problem I'd spend 55 minutes thinking about
the problem and 5 minutes thinking about solutions.”
Albert Einstein

9. Research & Development
Manufacturers Customers
Three Important elements of the Value Chain
Supply Chain
Counterfeit and pirated products, previously largely distributed through informal
markets, are infiltrating legitimate supply chains, with products now appearing on
the shelves of established shops. OECD Report 2007
Eighty-three percent of all the counterfeit items discovered by the respondents‘
organizations came from approved vendors. Construction Industry Institute (CII) Report

10. Counterfeiting ….……. Consumer perspective
35
21
21
6
5
5
3 2 1 1
% Cannot afford the genuine product
They think genuine products are
overpriced
They don't know it's not genuine
Because they don't have access to the
genuine products
CF product "do the job" just as well as
genuine ones
It would be ridiculous or stupid to pay
the full price of genuine Products
They are constantly offered those
products by sellers
CF products are more easily accessible
than genuine
They want to help CF products sellers
CF sellers are more willing to serve their
customers than regular Retailers
Source: BASCAP Study

11. Counterfeiting ….……. Manufacturer perspective
Increasing due diligence, Visibility & Control
Suppliers
X
X
X
X
Un-Authorized
Distributors/Retailers
YY
Authorized
Distributors/Retailer
Customer
Decreasing due diligence, Visibility & Control
Confidentiality is not used as strategic tool to
retain long term advantages in the market. No Processes
to Measure
Losses

12. Counterfeiting ….……. Supply Chain perspective
No robust mechanisms to trace product throughout the life cycle
Weak enforcement standards – easy to hide your identity and restart
Free trade via Internet: The proliferation of Internet auction sites has resulted an
Exponential increase in the volume of counterfeit sales
Weak alignment of distributors and retailers with manufacturers’ vision

13. Key Factors driving Counterfeiting
Market Institutional Technology Consumer
Large potential
market size and
very high
profitability per
unit – risk is very
low
Low risk of
discovery and
prosecution – easy
to conceal
Shortage of
feasible
technologies to
differentiate
between genuine
and counterfeit
product
Awareness
towards healthy,
safety and quality
is low
Genuine power of
brand
Legal and
regulatory
framework - Weak
Enforcement
Counterfeiting via
Internet Auction
Inability to
comprehend
difference between
counterfeit and
original product
Non-availability of
Genuine Products –
small towns
Socio-Economic
factor
Low regard for IPR

14. Research & Development
Launched world’s first branded cold rolled steel
(CRS) called ‘TATA Steelium
Commodities to Brands
TATA Steelium – how we are doing it
ACTION
IMPACT
2007
Tata Steelium Logo embossed every metre of
length, Unique packaging with bar code, location-
wise floor price
Authenticity
Brand Awareness,
Customer TrustCustomized Brand Management via email,
examples, comparative studies
Distributors, dealers and customers Meet
Brand Care,
Brand Ethics
Rewards and Punishments
Brand Vision maintained

15. Research & Development
TATA Steelium – how we are doing it
Extending Due Diligence from Inside to out
Level 1 Screening
List of potential Candidate
Level 2
Due diligence from
business and product
knowledge perspective
Level 3
Interviews with senior officials
Phase 1 Criteria
Willingness to be exclusive to Tata
Steel
Registration with Tax authorities
Market Reputation – Involvement in
any unethical, Criminal/
counterfeiting activities
Investment Capabilities

16. Developing Win-win Strategies with Supply Chain
partners
• Licensing Partnership of a large company with a SME (Jyoti Cera Rubber ) –
Strategic Alignment
• 3% royalty
• 3 million INR (1st year), 12 million INR (4th year).
Invention (Application No. : 404/KOL/2009 ): Developed a hybrid idler,
specially designed with a coating of high alumina ceramic powder with
polymer (called JCR-1000 CERO ZIP).
An indirect approach to ensure Anti-counterfeiting and alignment with
manufacturer’s vision
Confidentiality IP Protection
Strategic
Alignment

17. Conduct a due diligence of your
distributors/retailers/suppliers at
regular intervals. Know your supply
chain intimately, from top to bottom
(use technology)
Adopt Zero tolerance strategy
Secure your Supply chain and
maintain confidentiality at highest
level
Develop a feasible mechanism for
reporting counterfeiting
Due Diligence
Make Customer Aware of
Counterfeiting Hazards – Safety,
Quality, Longevity etc.
Develop processes to record losses
at organizational level
Track performance of your
Products/Brands at regular intervals
Register your Trademarks and Educate
employees on Confidentiality
Awareness Develop a strong alignment with
your distributors/ retailers/
suppliers – exploit employee
Network to maximum
Engage with customers via
interactive social media/rewards
platform to spread awareness and
report incidents of counterfeiting
Engage with enforcement
agencies and government to curb
counterfeiting
Partnership
Anti-counterfeiting and Anti-piracy Strategy
= Business Excellence

18. Research & Development