Shoppers walking past market stalls in India. Photo: Zoshua Colah / Unsplash
IPR & Brand Protection · Service 03.01

Market surveys and test purchases

A quantified, evidenced picture of where fakes, look-alikes and refills are sold, by market and channel.

The service

Field surveys and test buys that map where fakes and look-alikes are sold.

03.1 · Detect & verify

Before you act against counterfeits, you need to know how big the problem is and where it sits. Complaints and anecdotes rarely say which cities, channels or retailers are involved, or how much of the market is affected.

We design a sampling plan across cities and channels, from wholesale markets and retail counters to online sellers. Investigators make covert test purchases with a documented chain of custody, and each product is compared with genuine stock for packaging, labels, codes and quality markers.

The results become a market map by territory and channel, showing where infringement is concentrated. That map guides enforcement, budgets and the next round of surveys.

When you need it

You suspect fakes, look-alikes or refills in the market, but do not know where or how much.

Signs we see most often

  • 01Customers or dealers report products that look wrong.
  • 02Prices in one territory are far below your price list.
  • 03Look-alike packaging or similar marks appear on shelves.
  • 04Quality complaints involve products you cannot trace to your batches.
  • 05You need a baseline before starting an enforcement programme.
How we work

Scoped in writing, run by one accountable team.

Every engagement starts with agreed questions, a reporting line and a confidentiality protocol. The steps below are how this service usually runs; we adapt them to your matter.

  1. 01PlanAgree cities, channels and the number of purchases in a sampling plan.
  2. 02BuyMake covert test purchases in person and online.
  3. 03DocumentRecord each purchase with bills, photographs and chain-of-custody records.
  4. 04CompareCheck products against genuine stock and your authentication features.
  5. 05MapPlot findings by territory, channel and seller.
  6. 06RecommendAdvise on priorities for source investigations and enforcement.
What you receive

A quantified picture of infringement by market, backed by evidence.

  • A market map of infringement by territory and channel
  • Test-purchase evidence with chain-of-custody records
  • A product comparison report
  • A ranked list of sellers and locations
  • Recommendations on enforcement priorities
Standards

The law and frameworks this work is aligned to

  • Trade Marks Act, 1999 ss.29, 103 and 104
  • Copyright Act, 1957 s.51 for packaging artwork
  • Bharatiya Sakshya Adhiniyam, 2023 for documentary and electronic evidence
  • Aligned to ISO 22380 on product fraud and ISO 22383 on authentication solutions

References show the standard the work is built to. They do not imply accreditation or endorsement by the bodies that publish them.

This is a summary of the service. For a deeper understanding of how it would work for your organisation, please reach out to us.

Talk to a BDI partner
FAQs

Questions clients ask before we start.

Are test purchases admissible as evidence?

They can be, if they are documented properly. Each purchase is recorded with bills, photographs and an unbroken chain of custody, and investigators can give affidavits on how it was made.

How many purchases do we need?

It depends on the markets and channels in scope. The sampling plan sets the number so that the results are representative, and we agree it with you before fieldwork begins.

Can you survey online sellers as well?

Yes. Online test purchases follow the same documentation standard and are linked to seller profiles for later takedown or action.

Start a confidential conversation

Tell us what you are seeing. We will tell you how we would find out.