2. WHAT IS COUNTERFEITING
●
Counterfeiting can be closely related to theft which involve illegitimate
acquisition and use of intellectual property
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The Agreement on Trade-related Aspects on Intellectual Property Rights
(the TRIPs Agreement) defines counterfeiting and piracy as follows:
- “counterfeit trademark goods” shall mean any goods, including
packaging, bearing without authorisation a trademark which is identical to
the trademark validly registered in respect of such goods.
- “pirated copyright goods” shall mean any goods which are copies made
without the consent of the right holder or person
3. RISE IN THE BUSINESS OF
COUNTERFEIT PRODUCT
●
Data provided by the organisation
of economic co-operation and
development(oecd) and u.s custom
seizures data- that trade in
counterfeit and pirated products
accounted for as much as 2.5% of
the value of international trade, or
$461 Billion, in 2013.
●
China emerged as the primary
origin of counterfeits imported into
the EU.
4. REASON FOR RISE
●
New technology
●
Increase in international trade (globalisation)
●
Emerging market and products
●
Difficulties in measuring the markets of fake products
5. IMPACT OF COUNTERFEITING
●
Industry world-wide loses billions of
dollars every year to counterfeiters.
●
The crime of counterfeiting is double-
edge sword which not only harm the
economy of country in which it is sold by
declining the rate of investment in long-
run but also impact the host country by
reduction in foreign exchange, foreign
investment, export, job loss.
●
Profit made in this business are used to
finance terrorism.
6. COVID-19 AND WAY FORWARD
●
The lockdowns have pushed people to make
all their purchases through e-commerce sites
and this is allowing counterfeiters to prey on
the vulnerability of the purchasers.
●
Indian customs act, 1962 and drug and
cosmetics act,1940 and related amendment
to tackle the problem of counterfeiting.
●
Way forward-
1. compulsory licensing under patent act,
1970.
2. consumer protection (e-commerce)
rule,2020