Intellectual property and industrial property protect you against counterfeiting by establishing a clear legal framework. The growth in the marketing of counterfeit products shows that the procedures for patent application are not to be put aside !
The undeniable scale of counterfeiting worldwide
Counterfeiting is the infringement of copyright and/or industrial property rights through the marketing of products that imitate others. More than just a pastiche, it involves passing oneself off as another product that attracts customers on the basis of commercial or qualitative arguments.
It’s a loss of revenue for companies and governments, but counterfeiting is also a means of financing criminal activities.
Counterfeiting accounts for 3.3% of world trade.
Trade in counterfeit goods from non-EU countries accounts for 6.8% of imports into the European Union.
However, the figures we have at our disposal undoubtedly understate the situation. They are based on customs seizure figures. They therefore do not take into account products that could not be seized, products manufactured and consumed on domestic markets (which do not go through customs), and those marketed via the Internet. We also note the lack of control of small packages. This type of parcel appears to be increasingly favoured by counterfeiters.
Counterfeiting is a risk for consumers
The subject of our post on cosmetics patents, counterfeiting not only represents a financial loss for companies. It’s also a real danger for consumers. When it comes to cosmetics, the danger to health is undeniable. From allergic reactions to worse, the effects can be immediate!
The March 2019 report “Trends in Trade in Counterfeit and Pirate Goods” by the OECD and the European Union Intellectual Property Office (EUIPO) shows that the perfume and cosmetics sector is the 7th most affected by counterfeiting and piracy. It accounted for 5% of the total value of seizures in 2016.
Protecting an invention against counterfeiting
The formalities involved in protecting an invention and acquiring an industrial property title are both preventive and curative measures. Only holders of industrial property can initiate concrete and legal procedures.
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Even if a counterfeit of your product represents a danger to the consumer, without a patent you can’t defend yourself.
The owner benefits from the procedures for establishing proof of infringement:
- seizure of counterfeit goods by authorization of the President of the TGI of Paris
- the right to information from a judge
- the request for intervention through a customs declaration.
