In one 2026 anti-counterfeiting file, the infringer signed an undertaking that included a pledge to disclose the source or supply chain of the counterfeit goods. For the brand owner, that was the key point of interest.
Despite repeated requests, he declined to name the supplier. He explained that he still deals with the same supplier, who is his sole source of goods, and that he feared repercussions if he revealed the identity. It also emerged that he had agreed to sign the document as drafted only on condition that he would not be required to disclose it.
So the clause was on paper, but the understanding behind the signature said otherwise, and the name was never given.
Before you draft the undertaking:
- Decide whether supplier disclosure is a must-have or a nice-to-have
- If it is essential, make it a condition of settling, not a promise for later
- Consider attaching a clear consequence to non-disclosure
- If a carve-out is accepted, write it into the undertaking itself so that everyone reads the same document
Dealing with counterfeits of your products in Iraq? We are happy to discuss how to structure an undertaking that works.