Intellectual Property (IP) Crime / Fake Goods
The definition of a 'Trade Mark'
A Trade Mark is an 'indication' which can distinguish goods or services offered by one particular trader from another. This 'indication' can be expressed in many ways; by a logo, symbol, words, slogans, colours. Over time, companies can build up a reputation for their 'brand' and make it recognisable to consumers, using Trade Marks as a marketing tool. Trade Mark 'owners' may also own copyright and design rights on products and packaging.
What are the most common fakes?
There are many fake goods. Ranging from counterfeit medicines to aircraft parts; counterfeit cigars to antiques. It seems that anything that is successful and makes money is potentially counterfeited. But the most common fakes are:
Clothing, jewellery, handbags and cosmetics
Films, music, games and software
Cigarettes and alcohol
Vehicle parts
DIY tools
The true 'cost' of fakes
IP Crime is now recognised by the Government as a serious organised crime in its own right, and is included in the annual UK Threat Assessment. An Interpol Report produced links of profits from counterfeiting to Middle East terrorist organisations, and is becoming the preferred method of funding for a number of terrorist groups. There are lots of good reasons not to buy fakes - and some that you may not have considered before:
The goods may be dangerous - such as fake hair straighteners that are faulty or cosmetics that cause severe skin reactions.
A lot of fake goods fund other organised crime, from a small scale to the extent of a global scale with huge profits funding arms, drugs, people-smuggling and links to terrorist cells.
The sale of fakes don't include taxes which contribute to our country's economy.
Sales of fakes can affect genuine traders in ways such as fewer jobs, or increased genuine product prices.
You don't get any warranties, after sales service or guarantees with fake goods.
Trading Standards are jointly responsible for enforcing legislation in respect of Intellectual Property (IP) Crime and the sale of fake goods, of which the applicable 'Trade Marks Act' for example, can carry a maximum sentence on indictment of 10 years and/or an unlimited fine for unauthorised use of a Trade Mark. And it can be even more costly, financially for the people committing these crimes if action is pursued for confiscation and civil recovery of the proceeds of crime under the Act.
How to avoid buying fakes
Sometimes it can be difficult to determine if you are buying a fake or genuine product. And with more and more people buying and selling goods online over the internet and on auction sites, there is an increased risk of this happening as you cannot inspect the goods before the purchase.
The price is always a good indication. Be suspicious about cheap bargains. The old saying 'if it sounds too good to be true, it usually is'! - question why and how a product can be sold so cheaply.
Find out if you have any guarantees or after-sales service.
When possible, examine the quality of the goods.
Check the goods and packaging for poor labelling, logo's and even misspellings.
Be wary buying goods from places where it may be hard to contact the trader after the purchase, such as markets, car boot sales, pubs and computer fairs.
Be especially vigilant when buying goods on-line; see our guidance on Shopping on the Internet.
www.spotcounterfeits.co.uk is a website that has been designed to help identify fakes and counterfeit crime.
Reporting information
You may report any information relating to fake goods and counterfeiting to Consumer Direct on 08454 04 05 06.
Alternatively, www.fakesfundcrime.org.uk has been created by the registered charity Crimestoppers, for anyone who wishes to report information completely anonymously about fake goods. And of course, any information relating to any other crime.
This can be done by phoning Crimestoppers on 0800 555 111, or by using their secure on-line form.
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