What should I do if my copyrighted work has been stolen or counterfeited?

What should I do if my copyrighted work has been stolen or counterfeited?

No matter if you are a content writer, designer, musician, or working in any type of enterprise, it is surely hard seeing your established brand and hard work being infringed or, even worse, taken for free. For local companies in Hong Kong, valuable business assets are all protected by the Intellectual Property (IP) Department, such as registered trademarks, copyrights, patents, designs and even trade secrets. Imagine how copyright infringement could impact your business, brand reputation and revenue stream if you keep letting go of the ownership of your creative content.

Before taking legal action…

In the most ideal situation, you successfully contact the alleged infringer and set things out. Think over asking them to take down the infringements, make compensation, or negotiate for additional authorization. If consensus could be reached privately to avoid any legal disputes, of course, it would be the best-case scenario. However, things often go beyond expectations. If the other party is unwilling to cooperate, or the severity of the situation has turned way too unacceptable, resorting to the law is always the most effective way to protect your intellectual property rights and interests.

However, before seeking professional legal support or going to court, you must double-check whether you have all the necessary and relevant evidence. The more information you have on hand, the better your odds in court. On the contrary, if you obtain legal help without sufficient information, chances are even the finest lawyers would not be able to help you win the lawsuit. If you lose the case, not only will your intellectual property rights be lost, but you will also be responsible for covering related legal costs. Therefore, a thorough investigation is the ultimate tip for success in the courtroom.

How can an infringement investigation help you win a copyright lawsuit?

Hiring a professional investigation team to provide you with strong evidence is definitely the most foolproof and wisest choice. Herald’s team conducts all-around intellectual property investigations by carefully looking through the background of the target company to search for relevant evidence that improves your odds of winning.

1. Target Company Background Check

Having a comprehensive grasp of the target company’s background indicates a more thorough understanding of the business concerned. From its address, scale, business nature, structure, source of funds to financial status and persons involved, etc, we collect every information needed for not only the court case but also for the formation of a long-term plan for future intellectual property protection. 

2. Business Site Visits/Approaches

As the saying goes: “​​know thy enemy,” our investigators can help inspect the working and office environment of the target company on-site to collect first-hand information on the spot. By analyzing the company’s operations and business modes, you can have a better understanding, especially the concerned infringing products or content. This also allows our team to assess your potential revenue losses due to copyright infringement.

3. Market Survey

In addition to on-site inspections, investigators will also spend time on online intelligence, from websites to social media platforms and e-commerce marketplaces, to collect significant evidence for the intellectual property infringement case. This would help to track down the selling process of the infringed goods with more insight into the target company’s customer base and supply chain.

4. Surveillance

The situation iIn the process of following up on copyright infringement cases is ever-changing. As so, to make sure you are always getting hold of the latest information, our professional investigation team will closely monitor the persons involved in the case and collect business information by paying attention to every move of the target company. You can expect to have the most updated information whenever something new happens.

Copyright infringement is a serious crime in Hong Kong. Upon conviction, the maximum penalty is imprisonment for 4 years with a fine of HK$500,000. Therefore, as with other crimes, when dealing with intellectual property infringement, you should take the case seriously and be fully prepared to fight for the best possible outcome. Before harnessing the power of a property lawyer’s legal representation, you could always benefit from hiring an experienced investigation team to collect relevant evidence for you.

Contact Us

If you are suffering from copyright infringement and wish to maximize the protection of your brand image and intellectual property rights, you are more than welcome to contact us

Herald’s distinguished investigators are here to cater to all your needs. By providing advice and formulating long-term response strategies with the collection of key evidence, we strive to help you achieve litigation success.