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In our practice we had a some cases related to the investigation of crimes in the area of copyright protection. The predominant type of business activities of corporate infringers of patent rights are: Manufacture and sale of tobacco products; Production of vodka; Manufacture sale of condoms; Production of pelmeni (dumplings); Manufacture and sale of construction netting; Production of ketchup.
The emerged practices in investigating crimes in the area of copyright infringement make it possible to engineer a feasible procedure based on the proprietary methodology. The procedure eliminates all unofficial networking with law enforcement agencies, enabling the detective to operate truly independently, which we take great pride in.
We believe that it makes good sense for the detective to liaise with the client through the latter's legal department or lawyer.
The detective's activities cover preliminary investigation, sourcing of information, gathering of hard evidence of alleged infringement of the client's rights to a trade mark. The search is conducted throughout the entire territory of Russia.
If the infringing company is known beforehand, then the detective, acting as an ordinary buyer under a purchase/sale contract, will make a purchase of the counterfeit product. In this case, the timescale for the gathering of required evidence does not exceed two weeks. The detective undertakes to secure at least two documents to prove that the sale transaction has taken place: 1) Contract with the alleged seller of counterfeit product; 2) Cashier's or sales receipt.
If the infringing company is unknown, the detective will first conduct a search for the manufacturer of counterfeit products. An essential condition is no advance payment and longer search time.
The contract, the cashier's or sales receipt, a report on the company with a photo table and a sample of the product will be delivered to the lawyer. If necessary, the lawyer will arrange expert assessment of the counterfeit product. Practice shows that once in receipt of positive expert opinion, the lawyer will have all the required evidence for a successful court action.
The charge for the service of locating and gathering evidence normally ranges from 4 thou. to 8 thou. euros. The final charge will depends on the travel expenses, as well as on the type of target product. The fee is net of the costs of expert assessment and the lawyer's services. Our agency operates on the terms of 30% down payment (if the infringing company is not known beforehand, no upfront payment is required). In the event that the purchase price of the counterfeit product is fairly high, the client undertakes to pay the involved costs in advance.
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