2. WHAT IS COUNTERFEITING?
To counterfeit means to imitate something authentic, with the intent to
steal, destroy, or replace the original,for use in illegal transactions,or
otherwise to deceiveindividuals into believing that the fake is of equal or
greater value than the real thing.
Counterfeit products are often produced with the intent to take
advantage of the superior valueof the imitated product.
3. Key impacts of counterfeiting
Stealing sales by undercutting prices
Damaging authentic brands’ reputation
Leaving companies to deal with the fallout of counterfeits
Harming the long-term trust built with business partners
Forcing brands to spend time and money fighting fakes
4. Civil, administrative and criminal
offence
Civil action
As intellectual property rights have become more important for companies
and receivedmore attention from governments, countries have responded
to domestic and international pressures and have strengthened legal
protection in favor of right holders. The most common action against
counterfeiters is civil litigation.
Criminal offence
During the last two decades, many countries have taken steps towards
introducing legislation that makes product counterfeiting a criminal
offence. The liability can either be based on general matters of criminal law
such as an attempt to defraud, or result from provisions in trademark
legislation.
5. Administrative action
Administrative interventionis often necessary to prevent the distribution of
counterfeit goods. This is particularly important in the case of international
trade in counterfeits where the customs authorities play an important role.
Trademark owners face several problems in trying to initiate administrative
interventionin some countries.They are often required to provide very specific
information about the suspect consignment, which may be difficult to obtain
and there are often high costs involvedin applying for suspension
6. Some factors behind the rapid
increase in counterfeiting
Advances in technology
Increased international trade
Emerging markets
Emerging products
7. Conclusion
The impact of counterfeit goods on an organization run deeply, and can
cause long-lasting damage. Brands will see a sales hit once the problem
becomes widespread, since counterfeiters are able to undercut them on
price. Their reputation is also under threat, since consumers will equate their
brand with the possibility of buying a counterfeit.