Dupes, (in Chinese 平替) usually refer to alternative duplicates or replacements for high-end or luxury items. In other words, they are cheaper options that aim to replicate the functionality or appearance of more expensive products. This term is often used in the fashion, makeup, or skincare industries. Influencers have started to use this term, with some actively promoting dupes.
Dupes target high-end or luxury items. Their popularity likely stems from increasing retail prices and the general global economic tightening. Some dupes are branded as cheaper versions of known fragrances with the same scents. Thus, dupes do present a challenge to genuine products.
Some commentators suggest that a lack of brand loyalty in Gen Z or other branding challenges have created this market opportunity for lower cost dupes. Others say that the lack of customer engagement in building brand integrity and the recycling of marketing techniques to connect with new target customers is part of the reason.
From an intellectual property perspective, dupes present an interesting opportunity. Some are cautious about getting around relevant laws and IP. Others tread on IP quite blatantly.
In IP parlance dupes are lookalike items. Traditional anti-counterfeiting remedies may not apply. They are often not considered criminal infringements in nature. Brand owners need to figure out how to expand their IP protection around specific items, and not just rely on the brand.
This requires several steps. First, brands should make better use of registered rights i.e. registering designs/design patents, utility models and wider trade marks (for logos, packaging and other unique elements). Secondly, they should explore the use of unregistered rights as trade dress/passing off/unfair competition. Thirdly, they should be more creative in their use of IP such as protecting a unique odor, color, etc. that their items feature and that the brand is well-known for, or making sure packaging has better copyright protections (whether it is through protecting existing packaging designs or deliberately designing packages with more artistic features).
In some cases, the remedies for dupes may be civil in nature. But in many countries (especially those with civil law jurisdictions), through good IP planning you can take advantage of administrative or criminal remedies to deal with such situations.
This may require more budgeting and planning. We are not advocating taking action against all dupes. Instead, be strategic. Look for the ones that might cause considerable harm to the brand. Pick a few key influencers and ask them to remove content where you have a strong IP position, and leave the others alone. At the end of the day, economic analysis needs to justify the type of enforcement action to provide a return on investment for brand owners.
Brand owners should not panic about the impact of dupes. Dupes may develop while the economy remains stagnant. Often, they may target a different group of customers whilst promoting the same type of product. IP tools do exist to stop dupes replacing genuine sales. With some planning, brand owners can build a stronger IP portfolio capable of stopping those that might cause real damage. In the long term, the emergence of dupes can be seen as an opportunity for brand owners to distinguish and stand out by building stronger IP portfolios for their products.
