Know your Swiss Corporate Reporting and Due Diligence Obligations

Switzerland has introduced new Corporate Reporting and Due Diligence obligations in connection with conflict minerals and child labour to improve human rights protections around the world.

Switzerland is following international trends and regulations for non-financial reporting and human rights due diligence and the reforms include new rules in the Swiss Code of Obligations related to the trade of minerals and metal ores originating from conflict-affected zones. The resources are reportedly being extracted using forced labour and are a known source of finance for armed conflict, says the EU. The EU implemented the Conflict Minerals Regulation last year as a means of restricting access to these natural resources.

Companies with registered offices or principal places of business in Switzerland have to comply with these due diligence obligations in their supply chain when dealing with the highlighted minerals and metals in Switzerland. They also need to comply with the due diligence duties if they offer goods or services that have suspected links to child labour. The import and processing of recycled materials are not subject to the new rules.

Requirements for Corporate Reporting and Due Diligence 

These corporate reporting and due diligence obligations will apply from the start of the financial year in 2023 to Swiss companies of public interest, which as a group together with their controlled companies in Switzerland and abroad meet both of the following requirements over two consecutive financial years:

• The group has at least 500 full-time employees (FTEs) on an annual average; and
• The group exceeds either total assets of 20 million Swiss francs or a minimum turnover of 40 million Swiss francs.

Companies’ annual reports should cover environmental, social, and employee aspects, human rights, and anti-corruption. It must outline risks and mitigation measures and the relevant due diligence concepts adopted. Foreign companies related to the corporation must also be covered in the report approved by management and shareholders and must remain public for 10 years.

The first reports have to be published in 2024 and failure to do so may result in a fine of up to 100,000 Swiss francs. A report need not be prepared if a written explanation for its absence is provided.

Businesses are required to have or put in place a suitable management system containing their supply chain policy, a system of supply chain traceability, risk assessments, and mitigation measures. This information must be available through on-site controls, and communications with authorities and civil society.

Companies should publish reports on due diligence obligations. These should be accessible for at least 10 years. Making false statements in a report, or failing to comply with the reporting obligation, may lead to a fine of up to 100,000 Swiss francs. Where the failures are negligent rather than intentional, a fine of up to 50,000 Swiss francs could be imposed.
LET’S TALK ABOUT CORPORATE REPORTING AND DUE DILIGENCE LAW

Exemptions to the requirements exist for businesses with fewer than 500 employees and assets of less than 20 million Swiss francs or a turnover of under 40 million Swiss francs. Large corporations can also apply for exemption provided that they demonstrate their supply chain contains a low risk of child labour or that they respect internationally recognised conventions such as the UN Guiding Principles on Business and Human Rights.

As the ecosystem of corporate responsibility for companies is developing quickly, navigating it safely in the interest of rights-holders requires monitoring corporate behaviour and ensuring that mandatory due diligence requirements can live up to the expectations and deliver results.

Due Diligence investigations: Mitigate Critical Risks

At CRI®, we provide corporate reporting and due diligence services wherever you are. Use our DueDiligence360™ reports to help you comply with anti-money laundering, anti-bribery, and anti-corruption regulations ahead of a merger, acquisition, or joint venture. You can also use them for third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures.

Due Diligence helps you Identify key risk issues clearly and concisely using accurate information in a well-structured and transparent report format. Our comprehensive range of reports includes specialised reports that support specific compliance requirements. Protect your reputation and the risk of financial damage and regulator action using our detailed reports. They enhance your knowledge and understanding of the customer, supplier, and third-party risk, helping you avoid those involved with financial crime.

The CRI Group™ invites you to schedule a quick appointment with them to discuss in more detail how conducting due diligence and compliance can help you and your organisation.

Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, TPRM, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider.

We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. CRI Group™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.
CONTACT US

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The new Norwegian Transparency Act: Here’s what you need to know

The Norwegian Transparency Act entered into force on 1 July 2022, obliging large and mid-size companies to conduct fundamental human rights and decent working conditions due diligence throughout their supply chain and with their business partners. 

The Transparency Act covers services and products in a broad sense. Under this Act, consumers, organisations, trade unions, journalists, and the general public will be entitled to request information from companies, and the Norwegian consumer authority may issue injunctions and fines for non-compliance. 

Though it is a Norwegian initiative, we see similar initiatives such as Germany’s Supply Chain Due Diligence Act or the UK’s Modern Slavery Act in other European countries.

Who does the Act apply?

The Act applies to companies registered in Norway, and foreign companies that must pay taxes in Norway. These must meet at least two of the three criteria below:

• At least 50 full-time employees (or equivalent annual man-hours)
• An annual turnover of at least NOK 70 million (£5.9 million)
• A balance sheet sum of at least NOK 35 million (£2.95 million)

Integrating environmental aspects and granting access to justice for victims of corporate abuse are two crucial outstanding tasks for the Norwegian legislation. The European Commission is expected to address them under its Sustainable Corporate Governance initiative, as demanded by an overwhelming majority of respondents to the relevant public consultation.

The Norwegian Consumer Agency is the supervisory body for the Transparency Act, while the Market Council will act as the appeal body for appeals against the Norwegian Consumer Agency’s decisions. These bodies will be able to review the companies’ reports to confirm they fulfill the reporting obligation.

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The new Dutch Child Labour Due Diligence Law: Some FAQs

On November 13, 2019, the new Dutch Child Labour Due Diligence Law was published in the Dutch Government Gazette. It introduces a duty of care for companies to prevent the supply of goods or services which have come into existence using child labour. Companies likely to be affected must set out a plan of action on how to combat it and issue a due diligence statement on their investigation and plan of action.

Though the exact date the act comes into force is not yet known, companies will have six months from the law’s effective date to submit the required documentation demonstrating compliance with the statute. Companies, even those registered outside the Netherlands, selling goods or services to Dutch end-users are required to exercise due diligence to assess whether the services or goods being supplied have been produced using child labour.

Under the Act, firms are required to ensure due diligence through the following:

• Investigate their supply chains to identify any suspicion of child labour
• Draft and implement a plan of action to terminate child labour if identified from investigations
• Create an action plan to avoid the use of child labour
• Submit a declaration to the yet-to-be-determined regulatory body, affirming that they have exercised an appropriate level of supply chain due diligence to prevent child labour

In cases of non-compliance with the Child Labour Due Diligence Law, the supervisory authority must first issue a compliance order. It can only impose an administrative fine if the company fails to duly comply with this order.

The Consequences of Failure to Exercise Due Diligence

Non-compliance with the obligation to submit the required statement can result in an administrative fine of a maximum of EUR 4,350 or a fine of up to EUR 8,700. Failure to exercise due diligence or develop and execute a plan of action as required by the Act may result in a fine of up to EUR 870,000 or a fine of up to 10% of the company’s turnover in the preceding financial year.

Repeated non-compliance with the Act within five years of the imposition of an administrative fine is an economic offense under the Dutch Economic Offences Act. While the Act’s criminal provision is ambiguous, company directors could face up to two years in prison or a fine of up to EUR 21,750.

The Act reflects a significant new step in combating child labour in corporate supply chains, introducing mandatory requirements under an administrative and criminal penalty regime. It fits into an increasing global focus on CSR and labour trafficking in corporate supply chains.

Although several aspects of the Act need to be further clarified by subordinate legislation, companies should start assessing the possibility of any form of child labour in their supply chains. They should also consider reviewing whether existing compliance programs will be sufficient to comply with the Act’s requirements.

Several key questions remain: When will the implementation of the law begin? What should the statement include? What constitutes sufficient due diligence? and Which government body will be in charge of regulating and enforcing the law? These elements will be specified in the General Administrative Orders to be announced by the Dutch government. The law’s effectiveness will largely depend on how these administrative orders take form.

Despite its flaws, the Dutch law is a critical moment for the international movement toward mandatory due diligence.

Due Diligence investigations: Mitigate Critical Risks

At CRI®, we provide due diligence services wherever you are. Use our DueDiligence360™ reports to help you comply with anti-money laundering, anti-bribery, and anti-corruption regulations ahead of a merger, acquisition, or joint venture. You can also use them for third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures.

On November 13, 2019, the new Dutch Child Labour Due Diligence Law was published in the Dutch Government Gazette. It introduces a duty of care for companies to prevent the supply of goods or services which have come into existence using child labour. Companies likely to be affected must set out a plan of action on how to combat it and issue a due diligence statement on their investigation and plan of action.

Though exact date the act comes into force is not yet known, companies will have six months from the law’s effective date to submit the required documentation demonstrating compliance with the statute. Companies, even those registered outside the Netherlands, selling goods or services to Dutch end-users are required to exercise due diligence to assess whether the services or goods being supplied have been produced using child labour.

Under the Act, firms are required to ensure due diligence through the following:

• Investigate their supply chains to identify any suspicion of child labour
• Draft and implement a plan of action to terminate child labour if identified from investigations
• Create an action plan to avoid the use of child labour
• Submit a declaration to the yet-to-be-determined regulatory body, affirming that they have exercised an appropriate level of supply chain due diligence in order to prevent child labour

In cases of non-compliance of the Child Labour Due Diligence Law, the supervisory authority must first issue a compliance order. It can only impose an administrative fine if the company fails to duly comply with this order.

LET’S TALK ABOUT CHILD LABOUR DUE DILIGENCE LAW

The Consequences of Failure to Exercise Due Diligence

Non-compliance with the obligation to submit the required statement can result in an administrative fine of maximum EUR 4,350 or a fine of up to EUR 8,700. Failure to exercise due diligence or develop and execute a plan of action as required by the Act, may result in a fine of up to EUR 870,000 or a fine of up to 10% of the company’s turnover in the preceding financial year.

Repeated non-compliance with the Act within five years as of the imposition of an administrative fine is an economic offense under the Dutch Economic Offences Act. While the Act’s criminal provision is ambiguous, company directors could face up to two years in prison or a fine of up to EUR 21,750.

The Act reflects a significant new step in combating child labour in corporate supply chains, introducing mandatory requirements under an administrative and criminal penalty regime. It fits into an increasing global focus on CSR and labour trafficking in corporate supply chains.

Although several aspects of the Act need to be further clarified by subordinate legislation, companies should start assessing the possibility of any form of child labor in their supply chains. They should also consider reviewing whether existing compliance programs will be sufficient to comply with the Act’s requirements.

A number of key questions – such as when the implementation of the law will begin, what the statement should include, what exactly constitutes sufficient due diligence, and which government body will actually be in charge of regulating and enforcing the law – remain unanswered for now. These elements will be specified in the General Administrative Orders to be announced by the Dutch government. The law’s effectiveness will largely depend on how these administrative orders take form.

Despite its flaws, the Dutch law is a critical moment for the international movement toward mandatory due diligence.

LET’S TALK ABOUT CHILD LABOUR DUE DILIGENCE LAW

Due Diligence Investigations: Mitigate Critical Risks

At CRI™, we provide due diligence services wherever you are. Use our DueDiligence360™ reports to help you comply with anti-money laundering, anti-bribery, and anti-corruption regulations ahead of a merger, acquisition, or joint venture. You can also use them for third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures.

Due Diligence helps you Identify key risk issues clearly and concisely using accurate information in a well-structured and transparent report format. Our comprehensive range of reports includes specialised reports that support specific compliance requirements. Protect your reputation and the risk of financial damage and regulator action using our detailed reports. They enhance your knowledge and understanding of the customer, supplier, and third-party risk, helping you avoid those involved with financial crime.

The CRI Group™ invites you to schedule a quick appointment with them to discuss in more detail how conducting due diligence and compliance can help you and your organisation.

Based in London, CRI Group™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, TPRM, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider.

We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. CRI Group™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

CONTACT US

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How does Human Rights Due Diligence Legislation in EU affect Asia

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What’s Your Plan of Action for Mandatory Due Diligence?

There is growing momentum among governments all over the world that calls for Mandatory Due Diligence. This requires companies to undertake human rights and environmental due diligence. We now have the French Duty of Vigilance Law and the adoption in 2021 of new laws in Germany and Norway to the publication of a proposal for an EU-wide law in 2022, all moving in this direction. Major investors and companies are also speaking out in favour of such legislation, according to business-humanrights.org

Corporates will not be allowed anymore to focus on short-term benefits at the expense of long-term sustainable value creation. Environmental and social interests will also need to be fully woven into business strategies of the corporates.

Improving Commitment to Mandatory Due Diligence

Corporates are bound to get in line with human rights due diligence guidelines, as prescribed by the UN Guiding Principles on Business and Human Rights. Yet very few actually comply with the standards and nearly half of the biggest companies in the world analysed in the latest Corporate Human Rights Benchmark could not produce any proof of mitigating human rights issues in their supply chains.

The KnowTheChain benchmarks showed companies scoring a poor 29% for their human rights due diligence efforts — something that mandatory human rights and environmental due diligence laws seek to address.

For these laws should to be effective, a few important factors need to be factored in, such as a due diligence obligation for businesses across their global value chains; an effective and safe stakeholder engagement; mandatory requirements that go beyond routine check and audits, a thorough look at irresponsible business models and purchasing practices, and strong civil liability enforcement.

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We can help with Mandatory Due Diligence

The CRI Group™ has developed a highly specialised assessment solution for Corporate Due Diligence and Third-Party Risk Management to assist organisations in accurately identifying, preventing, mitigating and addressing actual and potential adverse impacts of affiliating with global partners and complies with all EU mandates.

From enhanced due diligence to identify non-compliance of the regulatory framework and damaging environmental allegations to investigating company (or stakeholder) human rights violations related to labour laws, child labour or human trafficking, CRI Group experts help determine the legal compliance, financial viability, and integrity levels of outside partners and suppliers affiliated with your company’s value chain.

The Benefits of Compliance

Recent studies have demonstrated a positive correlation between the extent to which companies implement environmental, social and good governance policies, and their overall economic performance, all while contributing to a more stable global marketplace. Such responsible business conduct will:

• Enhance protection for workers
• Improve access to justice for victims
• Safeguard the environment
• Ensure fair products for consumers

Further, apart from general compliance with EU mandates, such organisations will benefit from:

• Reduced overall liability risks
• Improved stakeholder protection
• Lower costs resulting from conflicts
• Improved company transparency
• More profound knowledge of the value chain
• Enhanced reputation in the market &
• Improved social standards for workers

CRI Group’s corporate due diligence and accountability solutions can help your organisation comply with a growing list of global regulations and mandates related to human rights and the environment while acting as an integral part of your business decision-making and risk management systems. 

Contact the CRI Group to learn more about our Corporate Due Diligence and Accountability solutions and stay one step ahead of the pending EU mandates. We look forward to assisting you.

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About CRI Group™

Based in London, CRI Group™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider.

We have the largest proprietary network of background screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are, we have the network needed to provide you with all you need, wherever you happen to be. CRI Group also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

In 2016, CRI Group launched the Anti-Bribery Anti-Corruption (ABAC™) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification.

ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. Contact ABAC™ for more on ISO Certification and training.

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EU: Can IP Infringements Cost You Your Life?

The Intellectual Property Commission estimates that IP infringements in the form of counterfeit goods, trade secret theft, and pirated software costs the US economy $225 billion to $600 billion.

Following the outbreak of the COVID-19 pandemic in late 2019 and its subsequent spread around the world, counterfeiters have turned their attention to producing fake testing kits, counterfeit personal protection equipment and, even before the authorities have approved treatments, fake medicines purporting to cure the disease, according to the 2020 status report by the European Union Intellectual Property Office (EUIPO) and the Organisation for Economic Co-operation and Development (OECD).

The joint report on counterfeit medicines showed that not only ‘lifestyle’ medicines but also medicines to treat serious diseases, including antibiotics, cancer therapies or heart disease medications, are subject to being counterfeited, with potentially deadly consequences for the patients who consume those medicines.

This report underlines the importance of IP rights to the EU economy and, therefore, to any recovery from the Covid-19 crisis, which has dominated the first half of 2020 and threatens to have long-lasting effects. It brings together the findings of the research carried out in recent years by the EUIPO, through the European Observatory on the infringement of Intellectual Property Rights, on the extent, scope and economic consequences of Intellectual Property Right (IPR) infringement in the EU.

The Status Report also contains research on the volume of counterfeit and pirated goods in international trade and the economic contribution of intellectual property-rights intensive industries to economic growth and jobs.

IP Rights and your employees

Depending on the type of business you are involved in, it is likely that your employees will create certain types of intellectual property in the course of their employment with you. This is especially true if they are involved in compiling databases, creating marketing material and training brochures. Since the IP rights here belong to the company they work for, an employee contract will serve to protect you here. 

It is also vital here to run background checks on employees before you hire them.

Employee Background Checks

Simply investing in sufficient employment screening services can save you time, money and heartbreak. The CRI Group is a leading worldwide provider, specialising in local and international employee background check, including pre employment background check.

Our employee background checks services, also known as EmploySmart™, is a robust new pre employment screening service certified for BS7858 to avoid negligent hiring liabilities and prevent horror stories and taboo tales within HR, your business, or your brand. 

VIEW EMPLOYSMART™ BROCHURE

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How the CRI Group™ can help you tackle IP infringement

CRI Group’s Intellectual Property Investigations team helps companies identify threats to IP and confidential information internally and throughout their supply chain, develop the appropriate mitigation strategies and investigate suspected infringements.

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For further information on IPR infringement or to book a meeting with our experts, click here.

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Supply Chain Due Diligence Act: New Risk Management & Reporting Duties for German Businesses

This article looks at the Supply Chain Due Diligence Act (LkSG) that applies to companies operating or trading in Germany and will enter into force on 1 January 2023.

The new German law, known as the Supply Chain Due Diligence Act (LkSG, short for Lieferkettensorgfaltspflichtengesetz in German) imposes due diligence obligations on environmental protection and on human rights, with all businesses having to introduce iterative and ongoing, or in certain circumstances ad hoc, due diligence processes specified by the Act.

Identification and management of an organisation’s supply chain and the risks that come with it require the implementation of due diligence processes.

The term “supply chain” refers to all products/services of a business, including all manufacturing and services, in Germany and/or abroad, from the extraction of raw materials to their delivery to the end customer.

Furthermore, due diligence processes should implement the following criteria: 

• type and scope of the business activities of the company subject to the due diligence obligations,
• the ability of the company subject to the due diligence obligations to exert influence (so-called leverage),
• typically expected severity of the violation, and
• type of contribution by the company subject to the due diligence obligations to cause a violation.

More details can be had in our FREE Supply Chain Due Diligence Act (LkSG) eBook.

Who is Affected by the Supply Chain Due Diligence Act?

• As of 1 January 2023: Companies with at least 3,000 employees that have their head office, administrative seat or statutory seat in Germany OR companies that have a branch in Germany and usually employ at least 3,000 employees in this branch;
• As of 1 January 2024: Companies with at least 1,000 employees that have their head office, administrative seat or statutory seat in Germany OR companies that have a branch in Germany and usually employ at least 1,000 employees in this branch.

From 2024, the law will apply to businesses with more than 1,000 employees.

Even if companies with fewer employees are not addressees of the Supply Chain Act, they may still be indirectly affected. This is because the companies directly affected would be obliged to enforce compliance to the best of their ability with human rights in their supply chain. The measures necessary for this can have a direct impact on their suppliers, for example, through the implementation of a code of conduct. In addition, the directly affected companies will often be dependent on the active support of their suppliers and thus have this support be contractually assured, e.g. in the form of reporting obligations as part of their risk analysis.

DOWNLOAD THE SUPPLY CHAIN DUE DILIGENCE ACT (LkSG) EBOOK.

Due Diligence Investigations: Mitigate Critical Risks

At CRI®, we provide corporate reporting and due diligence services wherever you are. Use our DueDiligence360™ reports to help you comply with anti-money laundering, anti-bribery, and anti-corruption regulations ahead of a merger, acquisition, or joint venture. You can also use them for third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures.

Due Diligence helps you Identify key risk issues clearly and concisely using accurate information in a well-structured and transparent report format. Our comprehensive range of reports includes specialised reports that support specific compliance requirements. Protect your reputation and the risk of financial damage and regulator action using our detailed reports. They enhance your knowledge and understanding of the customer, supplier, and third-party risk, helping you avoid those involved with financial crime.

The CRI® Group invites you to schedule a quick appointment with them to discuss in more detail how conducting due diligence and compliance can help you and your organisation.

Based in London, CRI Group™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, TPRM, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider.

We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. CRI Group™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.
CONTACT US

Filed under: All Industries, All Regions, All Solutions, AML Advisory Solution, Anti-Bribery Anti-Corruption Solution, Background Investigation, Business Intelligence, Compliance Solution, Due Diligence, Food & Beverage, Fraud Risk Investigation, Global, Insurance, Insurance Fraud Investigation, Investigative Solution, IP Infringement Investigation, ISO 37001, IT & Telecommunications, Leadership Insights, Middle East, Oil, Gas & Energy, Pharmaceutical & Healthcare, Property, Resources, South Asia, Third-Party Risk Management, United Arab Emirates, Dubai, United Kingdom, London, United States of America, New York by admin
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Infringement of Intellectual Property Rights

Suppose you suspect that your intellectual property (IP) rights have been infringed. In that case, CRI Group’s Intellectual Property Investigations team helps companies identify threats to IP and confidential information internally and throughout their supply chain, develop the appropriate mitigation strategies and investigate suspected infringements. Our experts can track intrusions, data manipulation and a range of “digital footprints.” With our findings you can take action. 

Patent Infringement 

If someone uses your product or invention protected by a patent without authorization, you to prove it so you can defend your right and take action. Our investigative capabilities include gathering intelligence on the dark web and in the field, social network analysis, sample acquisition and testing.

CRI Group’s IP experts understand the intricacies and importance of protecting your intellectual property. CRI® Group can stay a step ahead of the wrongdoers who want to benefit from your IP investment by working alongside a global network of anti-counterfeit investigators, consultants, advisors, and industry groups.

Our experts can track intrusions, data manipulation and a range of “digital footprints.” Additionally, we have strong working relationships with regulators, police forces and customs and enforcement agencies worldwide. Our investigations frequently form the basis of litigation or criminal prosecutions. 

Imitation of a Branded Good – Counterfeit Products

If someone is selling a good bearing your trademark without your authorization, you are the victim of counterfeiting. If you suspect that certain goods infringe your IP rights, you outsource IP investigations services.

Our investigative capabilities include gathering intelligence on the dark web and in the field, social network analysis, sample acquisition and testing. CRI Group’s IP experts understand the intricacies and importance of protecting your intellectual property. CRI Group™ can stay a step ahead of the wrongdoers who want to benefit from your IP investment by working alongside a global network of anti-counterfeit investigators, consultants, advisors, and industry groups.

Our experts can track intrusions, data manipulation and a range of “digital footprints.” Additionally, we have strong working relationships with regulators, police forces and customs and enforcement agencies worldwide. Our investigations frequently form the basis of litigation or criminal prosecutions. 

IF YOU SUSPECT OF COUNTERFITING LET US KNOW NOW

To protect your products against counterfeiting, register with the Enforcement Database of the European Union Intellectual Property Office (EUIPO), which puts you in direct communication with the relevant authorities. If you are an EU company and want to report a counterfeit in a country outside the EU, you can use the Anti-Counterfeiting Rapid Intelligence System (ACRIS).

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Infringement of Trade Secrets

To qualify as a trade secret, the information must:

• Be known only to a limited group of persons, 
• Be commercially valuable because it is secret, and
• Be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees.

The unauthorised acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of trade secret protection.

As an integral member of the ICC Counterfeiting Intelligence Bureau, CRI Group™ is certified to advise and assist organisations with intellectual property investigations involving grey market and product counterfeiting crimes.

CRI® Group investigators are specially trained to protect the brand equity and customer loyalty you’ve built by providing professional assistance in many areas, including Trade Secret Breaches.

In case of infringement of trade secrets, you can initiate a legal proceeding before a court. The outcome might be a court order prohibiting the infringer from using or further disclosing the trade secret and/or monetary compensation.

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Dispute Over Domain Names

If you find out that someone has deceivingly registered a domain name whose IP rights belong to you, such as:

• for one or more top-level extensions (like .eu, or .com.)
• a trade mark
• a trading name

If this person tries to sell you such a domain, you are a victim of cybersquatting. In domain name dispute cases, you can either go to court or make good use of non-judicial remedies, including ICANN alternative proceedings. ​

2022 Key Infringement of Intellectual Property Rights Cases to Watch

IP practitioners are eagerly watching the court dockets for several high-impact cases related to IP issues (copyright, government liability and ethics) likely to be decided in the second half of 2022.

These decisions are expected to guide several IP law areas, including fair use of copyrights, government contractor defences, patent-eligible inventions, and the enablement requirement. 

Infringement of Protected Geographical Indications

If your product protected by geographical indication has been counterfeited or there have been other infringements of geographical indication, you should contact the competent national authority.

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The Cost of Infringement of Your Intellectual Property Rights

Counterfeiting threatens the fabric of national economies, endangers safety and frequently kills. It devalues corporate reputations, hinders investment, funds terrorism, and costs hundreds of thousands of people their livelihood annually. (ICC) Our IP Investigations include 1) Trademark Investigations; 2) Intellectual Property Acquisition Services; 3) Patent Investigations; 4) Brand, Media and Internet Monitoring Services; 5) Anti-Counterfeiting Programs; 6) Brand Integrity Programs; 7) Copyright Abuse Investigations; 8) Cyber Surveillance; and 9) Litigation Support.

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Take action against the infringement of your intellectual property rights now!

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What is Fraud Investigation?

Fraud is one of the biggest and most damaging risks businesses face. The headlines are full of organisations both in the private and public sectors affected by fraud, irregularity or other wrongdoing – either as a victim or accused. Statistics show that the threat of Corporate Fraud increases markedly in a down economy. And when such fraud occurs, it takes an average of 18 months to detect. In that timeframe, the damage to your business can be both widespread and irreversible. The hidden costs related to corporate fraud drains an estimated five per cent of revenue from corporations worldwide.

Fraud Risk Assessment and Fraud Risk Management: A Proactive Approach to Prevention and Detection

Historically, most major corporate fraud cases have been perpetrated by senior management who can circumvent internal controls and often work in collusion with other employees. By establishing a strong workplace environment that promotes ethical behaviour, deters wrongdoing and encourages all employees to communicate any known or suspected activity to the proper authority, you would be taking a proactive approach to prevention and detection.

What is the Fraud Investigation Process?

When fraud is suspected within the organisation, CRI Group’s experienced fraud analysts use proven techniques to aggressively investigate the case, collect evidence and determine the facts. Once the type of fraud is determined, a process of gathering all evidence possible to bulk out the investigation case starts. Evidence can be collected through a variety of means and methods.

These methods include conducting detailed asset checks, background verifications, surveillance checks and stylised forms of investigation and analysis; including employee investigations and investigations of an entire business. Subsequently, the victims and potential fraudsters will be interviewed.  Our analysts work with your management, internal security and legal teams to uncover the truth and bring proper closure to the case.

Are You Auditing Your Fraud Prevention Program Regularly?

• Review and assessment of your current fraud risk management program, including policies, procedures, controls, reporting functions, responsibilities assignment and investigative requirements to identify the organisation’s susceptibility to fraud and vulnerability by the department.
• Developing fraud prevention measures and implementing Anti-fraud controls.
• Defining detection methods that encompass internal audits, suspicious transaction reporting, whistle-blower strategies, and program enforcement.
• Re-engineering targeted job functions or internal controls to mesh with fraud risk management program refinements.

Take Extra Precaution with Fraud and White-Collar Crime Investigations

Fraud and white-collar crime investigations and risk consulting services have helped financial institutions, corporations, partnerships, and individuals worldwide minimise fraud and thereby satisfy capital markets, reduce legal costs, and maintain their reputation and brand equity. CRI Group’s global team of Certified Fraud Examiners are trained in virtually every aspect of corporate fraud, including:

• Money Laundering
• Intellectual Property Crimes
• Embezzlement
• Check & Credit Card Fraud
• Online Cybercrime
• Accounting Fraud
• Cash Theft
• Asset Misappropriation
• Bribery
• Corruption
• Contract & Procurement Fraud
• Payroll Fraud

CRI Group™ develops preventative measures that have helped organisations worldwide identify a material weakness in internal controls to mitigate collusive activity and reduce the liabilities associated with corporate fraud. Our trained investigators leverage our collective investigative experience, leading technology tools, global reach and credibility with regulators to bring you insights with precision and speed.

Our international team of Certified Fraud Examiners (CFEs) work with companies to analyse and assess fraud prevention measures, develop solid risk management programs, provide training for executives, board, management and staff, establish effective communications strategies for reporting suspicious behaviour, and implement investigation and corrective action policies that meet regulatory and compliance requirements.

CRI Group™ professionals work with your organisation on an unbiased level, strengthening your fraud risk management program by:

• Adhering to the organisation’s written code of conduct
• Reviewing existing fraud risk management programs
• Training employees to properly identify fraud
• Developing internal and external reporting channels
• Identifying senior management, board and employee responsibilities
• Conducting and monitoring the progress of investigations
• Providing thorough reporting of investigative results
• Testifying as expert witnesses, if required

Who is CRI Group™?

Based in London, CRI Group™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, Due Diligence and other professional Investigative Research solutions provider. We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. CRI Group™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

CRI Group™ invites you to schedule a quick appointment with us to discuss in more detail how our risk management solutions can help you and your organisation. 

BOOK A MEETING NOW!

Why CRI Group™?

• CRI™ has one of the largest, most experienced & best-trained integrity due diligence teams in the world.
• We have a flat structure which means that you will have direct access to senior members of staff throughout the due diligence process.
• Our multi-lingual teams have conducted assignments on thousands of subjects in over 80 countries, & we’re committed to maintaining & constantly evolving our global network.
• Our solutions are easily customisable, flexible & we will tailor our scope to address your concerns & risk areas; saving you time & money.
• Our team of more than 50 full-time analysts is spread across Europe, Middle East, Asia, North and South America & is fully equiped with the local knowledge to serve your needs globally.
• Our extensive solutions include due diligence, employee pre & post background screening, business intelligence & compliance, facilitating any decision-making across your business no matter what area or department.

In 2016, CRI Group™ launched the Anti-Bribery Anti-Corruption (ABAC™) Center of Excellence – an independent certification body that provides education and certification services for individuals and organisations on a wide range of disciplines and ISO standards, including ISO 31000:2018 Risk Management- Guidelines; ISO 37000:2021 Governance of Organisations; ISO 37002:2021 Whistleblowing Management System; ISO 37301:2021 (formerly ISO 19600) Compliance Management system (CMS); Anti-Money Laundering (AML); and ISO 37001:2016 Anti-Bribery Management Systems ABMS. ABAC™ offers a complete suite of solutions designed to help organisations mitigate the internal and external risks associated with operating in multi-jurisdiction and multi-cultural environments while assisting in developing frameworks for strategic compliance programs. Contact ABAC™ for more on ISO Certification and training.

Filed under: All Industries, All Regions, Background Investigation, Business Intelligence, Compliance Solution, Due Diligence, Resources by admin
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How to Protect Your IP with Brand Protection Investigations?

Intellectual Property (IP) is an exclusive right of the brand owner. This property includes intangible creations of the brand owners’ human intellect; therefore, the brand owners are lawful copyright or trademark owners. However, when unscrupulous individuals indulge in manufacturing and distributing counterfeit products of well-known brands, the result is the loss of sales, a tarnished brand image and erosion of brand loyalty, not to mention the ill effects of consumption by the consumer and the loss of revenue to the government. This is when Brand protection services are crucial to business integrity.

Counterfeiting threatens the fabric of national economies, endangers safety and frequently kills. It devalues corporate reputations, hinders investment, funds terrorism, and costs hundreds of thousands of people their livelihood annually. Companies and organizations face IP-related risks from a multitude of sources, namely:

• From within the organization itself;
• From entities in the ecosystem of the organization;
• From competitors;
• From independent 3rd parties; and/or
• From illegal entities.

It is important to consider the risks to your intellectual property and take the steps necessary to protect your brand. Because of the potential complexity of IP investigations you should consider consulting experts. Investigators who are specially trained to protect the brand equity and customer loyalty you’ve built by providing professional assistance in the areas of:

• Trade Secret Breaches
• Data Breaches & IP Leaks
• Theft of Proprietary Customer Data
• Copyright Abuse
• Unauthorized Use of Trademarks
• Counterfeit & Pirated Products
• Threats to Brand Integrity & Reputation
• Brand Imitation & Product Copying
• Global Counterfeiting Investigations

Getting help

Brand protection services can:

• Research and investigate the legal aspects of copyright, trademark and patent claims
• Identify the company and/or individuals that have breached your IP rights
• Perform background and financial investigations on subjects involved in IP infringement
• Pinpoint the source and location of the manufacturer in counterfeit product claims
• Establish new delivery channels for the trade of your products

As an integral member of the ICC Counterfeiting Intelligence Bureau, CRI Group™ is certified to advise and assist organizations with intellectual property investigations involving grey market and product counterfeiting crimes.

CRI Group™ utilizes various techniques, analytics, and global technology to investigate intellectual property infringements, including the use of international Counterfeiting Seizure Maps and International Anti-Counterfeiting Directories. Our strategic partnerships with IP firms worldwide ensure that leads are identified and investigated and claims are settled expeditiously.

VIEW OUR BROCHURE

CRI Group™ Intellectual Property (IP) Investigations:

• Trademark Investigations
• Intellectual Property Acquisition Services
• Patent Investigations
• Brand, Media and Internet Monitoring Services
• Anti-Counterfeiting Programs
• Brand Integrity Programs
• Copyright Abuse Investigations
• Cyber Surveillance
• Litigation Support

 CRI™ is an ideal partner to be the eyes and ears of brands across markets, offline and online. Our multidisciplinary experts regularly review and scan the online marketplaces to keep a close eye on fake products. From online surveillance to supply chain audits and real-time market surveys, brands will find CRI™ the ideal long-term partner to keep a close eye on all markets. You, meanwhile, can focus on running the business and building your brand.

CRI Group™ invites you to schedule a quick appointment with us to discuss in more detail how our Brand Protection Solutions can help you and your organization. 

BOOK A MEETING NOW!

About CRI Group™

For short, Corporate Research and Investigations Limited, or CRI Group™, has protected businesses from fraud, bribery, and corruption since 1990. Globally, we are a leading Compliance and Risk Management company licensed and incorporated entity of the Dubai International Financial Center (DIFC) and Qatar Financial Center (QFC). CRI™ protects businesses by establishing the legal compliance, financial viability, and integrity levels of outside partners, suppliers and customers seeking to affiliate with your business. Based in London, United Kingdom, CRI™ is a global company with experts and resources in key regional marketplaces across the Asia Pacific, South Asia, the Middle East, North Africa, Europe, and North and South America. Our global team can support your organization anywhere in the world.

Filed under: Anti-Bribery Anti-Corruption Solution, Compliance Solution, Industry Insights, ISO 37001, IT & Telecommunications, Resources by admin
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