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piracy and Trademark counterfeiting |
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The business
crime wave of the 21st century: Trademark counterfeiting and
Product piracy are worldwide in scope and cost the European
economy billions of EURO every year.
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Definition
of product piracy
Why investing in Research and Development when counterfeiting
is so much easier?
The
so called product piracy can be only roughly outlined. Experts
agree that "product piracy" infringes trade mark
rights in a commercial and criminal way. Such actions are
committed in a purposeful, copious and profit-making manner.
Product piracy requires not only the infringement of branded
labels
but also includes only slightly modified imitations of branded
goods. In contrast to that the term "counterfeiting" implies
the intentionaluse of brand name or packaging and the specific
look of products by third parties.
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Damage
of 200-300 billions EURO
According
to the EU, 10% of the world trade consist of plagiarism through
product piracy, illegal overproduction and re-imports. That means
an international economic damage of 200-300 billions EURO. Entrepreneurs
suffer immensely from this development. Besides losses of sale
and profit they also have to accept damages of the company's image
and if worst comes to worst even product liability actions. Especially
the new markets of the producers of branded goods in Eastern Europe
an Asia are imperilled due to dramatic slumps in sale. Furthermore,
copies, which are inferior in quality can not fulfil the expectations
of the customers and so the reputation of the brand name can be
damaged irreparably.
300.000
jobs in Europe are affected by product piracy
According
to estimations of the German ministry of justice about 50.000
jobs in Germany are dropped away yearly because of product piracy.
Pan-European, approximately 300.000 jobs are affected. Additionally
one assumes that the profit made by the sale of counterfeited
products has a share in the financing of organised crime.
Imitations,
Plagiarism and Counterfeiting
Basically,
one can distinguish between three kinds of imitations. The colourable
imitation's aim is it to copy the original 1:1. Packaging and
brand name are usually identical. Concerning cosmetic and pharmaceutical
products, even the ingredients are possibly the same. The output
of long-lasting time of development and research of producers
is destroyed by counterfeiters.
In opposition to the colourable imitations, "classical"
copies also have the same packaging and the same name but the
ingredients are mostly inferior, not existent, or even harmful
to health. Here the problem is not only that the market is flooded
with cheep copies, but it's also dangerous for the producers,
because the consequences of substandard imitations can be immense
damages of the company's image and product liability actions.
The third kind of imitations is plagiarism. These kind usually
uses a slightly varied brand name. The products hidden behind
these names do sometimes not even exist in the assortment of the
producer of the original brand name.
Solutions
against product piracy
Behind
closed doors many people are working intensely on solutions to
the problem. On a European level not only the governments of the
member states but also the European committee, on a world-wide
level even the UN is interested in a lasting solution. But the
intensification of laws and even stricter controls won't be working
if product labelling isn't implemented. The industry is forced
to introduce such labelling and the security authorities have
to control them continuously. Security experts explain that co-ordinated
methods and short ways of information would be able to stop even
car thieves and profiteers.
The affected industry has to support the efforts of the authorities
by concerted actions. It may not only rely on the sanctions of
the particular national governments or the EU to solve the problems
of national organised product piracy. From the point of view of
the VBP (association to combat product piracy) a co-operation
of the affected companies and their subsidiaries, licensees and
other affected producers of branded goods has to take place.
By concentrating the expert knowledge and the efforts in the battle
against product piracy the actions which are to be taken can be
co-ordinated in a better way, the possibilities to exchange data
concerning counterfeiters and so called "piracy-centres"
can be advanced, already existing sources of information can be
used more efficiently and defences can be carried out more successfully.
Moreover, the association's view is that in connection with suchlike
methods one should be proactive to bring forward an effective
legal framework which accounts for trade mark right. Adequate
steps were already introduced because the association targeted
to pass such a legal framework as fast as possible. Insofar, the
association already acts for the interests of its members by co-ordinating
with national and European public authorities.
Concerning
product safety, it is necessary to distinguish between identification
features and security features. A logo, for example, is an identification
feature, but doesn't provide any safety. It can be imitated without
great effort. The more difficult and complicated it is to copy
a security feature, the more appropriate it is to protect products.
SECUTAG®
can testify the originality of the product by the use of an unique
forgery-proof colour code which is like the fingerprint of the
product.
The SECUTAG®
particles may be applied to the surface of your product, or incorporated
into it, and cannot be mimicked. Possible uses are: Labelling/pasting,
coating, embossing/stamping and spraying your products with SECUTAG®.
It is possible to protect one-off items, whole batches or even
entire productions using an individual code, covertly or overtly.
Read more...
How to protect your
products against product piracy
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