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5 TO 7 PERCENT OF THE VOLUME OF GLOBAL TRADE ARE COUNTERFEIT |
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The phenomenon of counterfeit and piracy is a major problem for all sectors of the economy. The European Commission and ICC quote figures according to which 5 to 7 per cent of the volume of global trade are counterfeited or pirated goods. The financial losses are estimated between 200 and 300 billion euro per year.
These figures increase constantly: according to a press release of the European Commission of January 20, 2003, the number of counterfeited goods discovered by Customs between 1998 and 2001 has increased by 900% !.
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Counterfeiting and piracy do not only constitute a financial loss for the holders of intellectual property rights, but also a risk of important damage to their image (the loss of goodwill). It goes without saying that in some instances, counterfeited products constitute a threat to consumers health and safety.
It is of the utmost importance that your IP rights enjoy protection in all countries you are active. GEVERS' skilled patent and trademark attorneys can help you to assess whether your portfolio is complete or whether additional protection should be obtained.
Several means of discouraging counterfeiters before they lay their hands on your intellectual property rights should be considered. One of them is to draw the attention of third parties to the fact that your trademarks, patents, designs and copyrights are protected by using the ®, TM, ©, Pat.pend., signs. Distribution networks should be controlled in order to prevent distributors from dealing in counterfeited goods. Upstream, it is important that licensed manufacturers are controlled, in order to prevent them from producing overruns and from disclosing precious know-how.
A well-organized battle against counterfeiting and piracy must take account of two realities.
First of all, the goods should, as far as possible, be kept off the market. The best filter in this respect is certainly customs control, since nearly all falsifications are imported from outside the European Union, the principal points of entry being seaports (Rotterdam and Antwerp are by far the two largest ports in the EU), and airports.
Secondly, an efficient anti-counterfeit policy has to crack down on illegal markets where counterfeit articles are sold to the public and retailers.
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