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ANALYSIS: Fighting the Wave of Counterfeit Goods, by Design (Correct)

Jan. 20, 2023, 10:00 AMUpdated: Jan. 20, 2023, 8:54 PM

During fiscal year 2022, US Customs and Border Protection seized nearly 25 million counterfeit products that would have been worth around $3 billion had they been genuine. Such intellectual property rights violations continue to put the US’s innovation economy at risk, while also threatening the health and safety of consumers.

To combat counterfeiting and to fight knockoff products from entering the country, companies are relying more and more on design patents—and related lawsuits—as a strong alternative to trademarks to protect their brands.

Design patents protect a product’s appearance—including the ornamental design of a functional product—not its function. Consumer products, medical ...