This article provides a detailed explanation of the "authenticator system," which forms the core of intellectual property protection in Hong Kong, covering its mechanisms and actual implementation.
Basic Structure and Legal Framework of the Authenticator System
Hong Kong's anti-counterfeiting measures are built around the "authenticator system," where authenticators registered with Hong Kong Customs by rights holders determine the authenticity of suspected counterfeit goods. Under this system, when customs discovers suspicious products, registered authenticators examine the actual items to determine authenticity, and legal measures are decided based on their results.
Authenticators may be the rights holders themselves or external third-party organizations with specialized knowledge, but in all cases, objective and technical evidence-based judgment is required, with the accuracy of results affecting the credibility of the system.
Specific Duties of Authenticators and Practical Challenges
The main duties of authenticators are divided into three areas: authenticity determination, detailed report preparation, and expert testimony in court. Authenticity determination requires physical examination of actual items in principle, with detailed verification of product materials, manufacturing techniques, and design details.
Annual counterfeit seizure cases number approximately 800-900, but cases that proceed to trial account for less than 10% of seizure cases. This is because most cases are resolved through administrative sanctions or settlements based on authenticator judgment results.
Strengthened Cooperation with the Guangdong-Hong Kong-Macao Greater Bay Area
Hong Kong's authenticator system is linked with information sharing systems among customs authorities in the Guangdong-Hong Kong-Macao Greater Bay Area, comprising Shenzhen, Guangzhou, and other mainland China cities. This enables counterfeit information discovered in Hong Kong to be shared throughout the Greater Bay Area, achieving strengthened wide-area enforcement.
This regional cooperation has made effective counterfeit measures possible against large-scale counterfeiting distribution networks that were previously difficult for Hong Kong alone to address, significantly improving the effectiveness of intellectual property protection.
Practical Response and System Utilization Points for Companies
For companies as rights holders to effectively utilize the system, registration of multiple authenticators is important. By registering multiple authenticators with different specialties, it becomes possible to respond to various counterfeiting patterns and enable rapid judgment.
Additionally, continuous cooperation with customs authorities through information exchange helps grasp the latest counterfeiting trends, leading to effective countermeasures. However, careful attention to information management obtained during the authentication process is required, with confidentiality obligations regarding competitor product information and customs investigation methods.
System Characteristics and Future Prospects
Hong Kong's authenticator system realizes highly effective anti-counterfeiting measures different from traditional administration-led approaches by directly utilizing rights holders' specialized knowledge. Particularly, the combination of precise judgment through physical examination and objective evaluation by experts has established a mechanism that minimizes risks of wrongful arrests and false accusations while reliably detecting genuine counterfeits.
The article evaluates that Hong Kong's authenticator system provides important implications for anti-counterfeiting measures in the Asian region as an advanced model of intellectual property protection where rights holders and administration cooperate, beyond mere enforcement methods.