Counterfeiting

Counterfeiting is the unauthorised reproduction, imitation or use of a product, trademark, patent or work protected by intellectual property rights. It constitutes a civil and criminal offence in most jurisdictions.

Counterfeiting in international trade takes several forms:

• Trademark counterfeiting: illicit application of a trademark on non-authentic goods
• Patent infringement: manufacture or import of a patented product without licence
• Piracy: unauthorised reproduction of copyright-protected works
• Design counterfeiting: copying the appearance of a protected product

Enforcement measures include:

• Customs detention: application for action filed with customs authorities (EU Regulation 608/2013)
• Infringement action: before civil courts (damages, injunction, destruction)
• Criminal prosecution: up to 3 years imprisonment and EUR 300,000 fine in France
• Seizure proceedings: procedure to obtain evidence of counterfeiting

Counterfeiting represents 3.3 % of world trade according to the OECD, approximately USD 500 billion per year. It affects all sectors: luxury, pharmaceuticals, food, spare parts, electronics.