GUESS Group and Trimark join E-Commerce MOU to combat online counterfeit trade
August 21, 2024
The GUESS Group of Companies and Trimark Group Holdings have entered into the landmark e-commerce memorandum of understanding (MOU)—convened by the Intellectual Property Office of the Philippines (IPOPHL)—to actively combat counterfeit and pirated goods in the online space.
Signed by GUESS Group’s Executive Director Ferris Victor Siasat and Trimark Group’s General Counsel Kristian Nico Calugay Acosta during the first Trademark Conference (TMCon) Philippines last July, the MOU now registers 40 signatories including four online shopping platforms, 29 global and local brand owners and seven business associations as signatories.
Under the MOU, members commit to establishing a code of practice in pushing back rampant sales of counterfeit and pirated goods online, promoting cooperation between the signatories, and implementing an efficient notice-and-takedown scheme.
For its part, IPOPHL serves as a key partner to the signatories in overseeing continued collaboration, monitoring progress and elevating signatories’ concerns for enforcement action or as basis for policy development at the 15-member National Committee on IP Rights (NCIPR), where IPOPHL sits as Acting Chair.
IPOPHL Director General Rowel S. Barba welcomed the new MOU members as critical allies in containing the burgeoning counterfeiting scene. He noted that apparel historically takes up a significant share by value under the books of the Bureau of Customs, which accounts for the lion’s share of the NCIPR’s annual seizures.
“We are happy to see more brands, especially in apparel, choosing to join our whole-of-nation approach through the E-Commerce MOU. Nationwide and even regionwide, the MOU has emerged to be an avenue for implementing robust measures to fight fakes and safeguard the authenticity and reputation of a number brands in the digital marketplace,” Barba added.
On the part of Trimark, Acosta has emphasized the brand’s commitment to collaborate with key government agencies, e-commerce platforms and the other signatory brands in addressing IP infringements in cyberspace.
With over 50 brands in its portfolio, the company sees the MOU as an innovative anti-counterfeiting strategy built on collaboration and a key tool in maintaining a strong market share and growth outlook.
“At the end of the day, the fight against intellectual property (IP) rights violations is not really between and among e-commerce platforms and the brands but against the infringers, who are our real enemies here. Indeed, collaboration is key,” Acosta said.
Under the MOU, e-commerce platform members, namely Lazada, Shopee, Zalora and TikTok Shop, must observe a swift notice-and-takedown procedure and take proactive steps against counterfeits on their platform. In turn, brands commit to notify the platforms of infringing activities and emerging schemes to effectively fight counterfeiting at its source.
Meanwhile, the GUESS Group sees the collaboration as an upgrade in strengthening its IP enforcement in the online marketplace. “The motivation of GUESS Philippines in joining the MOU is its solid commitment to upgrade its methodologies in addressing counterfeiting activities in different market channels, whether in the physical stores or online,” Siasat said.
Launched in 2021, the e-commerce MOU has been cited by the Transnational Alliance To Combat Illicit Trade (TRACIT) as a best practice in IP enforcement and has since reported successful takedowns of infringing sales online. Now, IPOPHL and partners under the MOU are looking to optimize current provisions and address emerging online market trends. # # # (Hannah Dione Lucero, Media Relations Officer)