By Kasie Brill
November 18, 2016
This article was originally published in Above the Fold on November 18, 2016.
Americans are increasingly taking to the web to check items off their gift lists, and this holiday season is no exception. Morning Consult recently conducted a poll showing that 60% of online shoppers will purchase clothing, electronics, personal care products and luxury goods for the holiday season.
And while consumers will most certainly seek the best deals, many will end up with more than they bargained for: dangerous fake goods. Hoverboard housefires, lead-laden toys, and harmful counterfeit cosmetics are just a few examples that have dominated recent headlines.
A BIG THREAT.
In April 2016, David Hirschmann, president and CEO of the Global Intellectual Property Center at the U.S. Chamber of Commerce, testified before Congress about the real dangers of counterfeit goods and the impacts to consumers:
“Often today’s consumers are unknowingly paying top dollar for fakes. If even one toy placed in your child’s hands is counterfeit and can threaten your child’s safety, it is one too many. Thankfully, the Office of Immigration and Customs Enforcement (“ICE”) have seized thousands of fake or illegitimate toys that will not end up in the hands of a child. But, they can’t seize them all and it takes only one to cause harm.”
But the threats don’t stop there: sites selling counterfeit goods are also likely to expose shoppers’ devices to harmful malware or exploit their personal financial information.
A BIG, BAD BUSINESS.
New data from the U.S. Chamber of Commerce shows that the global trade in counterfeit goods has nearly doubled in value since 2008 – amounting to $461 billion annually. That’s more than double the 2014 profits of the world’s top ten companies, combined.
What’s worse, the funds from the sale of counterfeit goods also prop up crime rings and even have links to terrorist groups.
A BIG MISS.
U.S. customs officials are working around the clock to crack down on counterfeiters who prey on the public. But, customs authorities are only seizing as little as 2.5 percent of the value of total estimated counterfeits- just a drop in the bucket of the fakes being trafficked across borders.
Consumers shouldn’t let counterfeiters rob them of their holiday cheer. Below are some tips to help buyers shop safe and secure the authentic goods on all their wish lists.
By Patrick Kilbride
April 20, 2016
For the first time in nearly a decade, new statistics update our understanding of the global counterfeit threat. The results are frightening. The Organization for Economic Cooperation and Development (OECD) finds that global sales of counterfeit or pirated products amounts to nearly half a trillion dollars annually, or two-and-a-half percent of global GDP. The study finds the problem is even more pronounced in regions such as the European Union, where counterfeit could amount to as much as five percent of all imports. In other words, one in every 20 dollars Europeans spend on globally traded products is simply stolen—or worse.
The worse for consumers is this:
The worse for business is this:
The worse for government is this:
The worst: Ultimately, the market system, including especially online commerce, which has enabled so many quality of life enhancements, breaks down because consumer trust in the market is irreparably compromised.
Counterfeit is a worsening problem. The last time the OECD issued these statistics using 2005, the dollar figure for global counterfeits was $200 billion; today, using 2013 data, the total has risen to $461 billion. The OECD found that counterfeit and pirated products plague virtually all economies and all continents. And unfortunately, the enforcement against such illicit trade is haphazard at best.
At the same time, the challenge of stopping counterfeits has become even more complex for global customs authorities. The illicit trade is no longer concentrated by container load at large ports of entry. Today, counterfeiters are exploiting the availability of international small package shipping. Knock-offs have moved from a mostly wholesale to an increasingly retail business, exponentially exacerbating the tracking problem for border authorities.
And too often, those authorities lack the tools they need to carry out their enforcement responsibilities. On the U.S. Chamber’s International IP Index, measuring IP strength in key global markets, few of the economies measured provide adequate statutory authority for an effective enforcement deterrent to counterfeiters. Among the gaps in countries’ intellectual property (IP) laws were a lack of pre-established civil damages and criminal penalties for infringement, or even the legal mechanisms for the IP rights holder to seek remedies. At the most basic level, customs authorities often lack the authority to seize counterfeit goods at the border, even if officials have the specialized training needed to identify the fakes. Beyond the legal mandate, authorities frequently lack the basic resources to fund enforcement efforts.
Thankfully, with its new global counterfeit data, the OECD has made it clearer than ever that the costs of counterfeiting and piracy are widespread and too steep to ignore. We all—consumers, business, and government—have an interest and a role to play. This World IP Day, April 26, let’s all pledge to do our part to shop carefully, collaborate productively, and enforce thoroughly to end the illicit trade in counterfeit products.
For more information on the business value and consumer protection provided by trademarks, please visit the GIPC’s Global Brand Council homepage.
ABOUT THE AUTHOR
Patrick Kilbride is Executive Director of International IP for the Global Intellectual Property Center.