Being a very old problem, counterfeit goods still pose a significant threat to intellectual property rights and legitimate businesses across various industries and countries. These imitations not only destroy brand reputation but also result in substantial economic losses. However, the emergence of blockchain technology has provided a powerful tool for enhancing intellectual property (IP) verification and authentication, offering a promising solution to the ongoing battle against counterfeit products.

Counterfeit goods have permeated markets worldwide, from luxury fashion and electronics to pharmaceuticals and food products. These fraudulent items not only infringe on IP rights but can also pose severe risks to consumers, as they often lack the quality control and safety standards of genuine products. As a result, finding effective ways to combat counterfeits is of great importance for trademark owners and also for consumers in general.

Blockchain technology’s inherent characteristics, including immutability, transparency, and decentralization, make it a potent tool for IP verification and authentication.

For tracking, Blockchain enables the creation of an unchangeable ledger where the history of a product can be recorded from the point of origin throughout its supply chain. Each transaction or change of ownership is time-stamped and cryptographically secured. This transparent provenance tracking ensures the authenticity of goods.

Also, by assigning a unique identifier or digital token to each genuine product and recording it on the blockchain, manufacturers and consumers can easily verify a product’s authenticity. Any attempt to alter this information is detectable, making it extremely difficult for counterfeiters to replicate.

Finally, with the use of smartphones and blockchain-powered apps, consumers can scan a product’s QR code or NFC tag to access its blockchain records. This instant verification process allows consumers to make informed purchasing decisions and avoid counterfeit products.

Several industries have already started implementing blockchain-based solutions for IP verification and counterfeit prevention:

1. Luxury Goods:  High-end fashion brands are using blockchain to verify the authenticity of their products. Customers can scan a QR code to confirm if their purchase is legitimate.

2. Pharmaceuticals: Blockchain helps combat the proliferation of counterfeit/modified drugs by enabling real-time tracking from the manufacturer to the consumer, ensuring the integrity of the supply chain.

3. Food Safety: In the food industry, blockchain is employed to monitor and trace the origin of products. This not only helps to prevent counterfeit food products but also enhances food safety by quickly identifying the source of contamination during recalls.

While blockchain technology shows great promise in combatting counterfeit goods, there are still challenges to address, including scalability, interoperability, and regulatory concerns. However, as the technology matures and industry standards are developed, these challenges can be overcome.

The future of IP verification and authentication through blockchain looks promising. As more companies and industries adopt blockchain solutions, consumers will become increasingly confident in their ability to verify the authenticity of the products they purchase. This, in turn, will make it harder for counterfeiters to thrive and further protect intellectual property rights.

Author

Yuliana Salamanca Jaramillo is a partner in the Intellectual Property Practice Group in Baker McKenzie Bogota, where she started working as a law clerk while enrolled in law school in 2006. She received scholarships from Boston University and Colfuturo, a Colombian non-profit organization, for her higher education and masters in law. Yuliana has handled legal assignments relating to intellectual property locally and regionally for several multinationals, trademark and copyright prosecution and litigation, particularly matters related to infringement and unfair competition actions, licensing and IP agreements. Currently, she dedicates a great part of her work to metaverses and digital assets. In 2013, she participated in a secondment to a client’s intellectual property council in Illinois, United States. In 2017, she worked from Baker McKenzie Zurich, where she was able to meet important clients based in Switzerland. She does pro bono work for Fundación Pro Bono Colombia, which provides legal advice to people in need who cannot afford to pay legal services. Yuliana is licensed to practice in Colombia. She was named as a Rising Star in Legal 500 - 2023 Publication and bronze classification for natural persons in Colombia, World Trademark Review (WTR), 2023.