COUNTERFEITING - A MASSIVE THREAT TAKEN LIGHTLY

COUNTERFEITING - A MASSIVE THREAT TAKEN LIGHTLY

Gowthami Reddy D. LLM., [IPR – UK],  IP Attorney, Chennai

When I say “a massive threat taken lightly” it portrays the ignorance of the people on the hazards of counterfeiting. Counterfeits are encouraged by the consumers both intentionally and unintentionally.

Counterfeits are nothing but imitations of original products of famous, well –known and reputed brands. Counterfeiters knowingly or unknowingly breach IP rights. The counterfeit market amounts to billions of Rupees causing irreparable and enormous damage to the original brands. The income from counterfeits is unaccounted money and a threat to our economy. It is also imperative to educate the consumers on IP Rights and the perils of encouraging counterfeits. Consumer awareness is very important to curb counterfeits.

The growth and flourishing of the counterfeit market can be predominantly attributed to the following reasons.

Affordability of Consumer- A consumer who is unable to afford the branded products opt for counterfeits as they are available for less price to showcase their status among their peers.

Ignorance of Consumer- Some consumers cannot differentiate between the original and the fake one, they are duped. While some do not even realize that counterfeits goods involve theft of IP.

The following measures may be taken to improve awareness.

      a. Emphasizing on importance of standards and certificates;

      b. Wide publicity on perils of Counterfeits through mass media;

A complaint may be lodged with the enforcement agencies like Video Piracy cell at Chennai, for the offences relating to counterfeits by the affected persons.

Western countries like USA and UK have strict IPR enforcement regimes to keep a check on counterfeits. Especially, in USA, IP rights are part of fundamental rights; therefore it accords extensive protection unlike in our country.

India can also follow the example of USA and set up a stringent IP regime in accordance to with our local requirements.

• Government should also come up with a mechanism similar to the one used to differentiate between original and fake currency notes to differentiate between fake and original goods.
• It’s important that individual investigating agencies also take part in counterfeit investigations and thus assist in eradicating counterfeiters.
• Government, Non-Government organizations and Judiciary should work in collaboration to eradicate counterfeit market and illicit trade.