How Not to Have a Counterfeit and Criminal Christmas

How Not to Have a Counterfeit and Criminal Christmas

‘Tis the season of counterfeiting. Intellectual property crime is rife at Christmas. You purchase a product for half the price of the genuine article but get all the benefits of the real thing, right?

This isn’t always the case. Counterfeit products may have inherent dangers, from toxic aftershave to explosive Christmas lights.

Producers of counterfeit goods are usually focussed on one thing: making as much profit as possible. They are not as focussed on ensuring that the goods they sell are safe. As such, counterfeit goods have usually not been quality assurance tested which could result in the products you buy being dangerous.

But there is another consideration for those who deal with counterfeit goods. Manufacturing, importing, distributing and/or making sales of counterfeit goods is a criminal offence. Purchasers may also think they have found a bargain, but the proceeds of sales may be funding organised crime, which could come back to bite you.

However, the rules and regulations surrounding intellectual property crime is another string the bow of intellectual property rights owners, as these rules can be used to prevent counterfeiters from continuing to infringe an intellectual property owner’s rights. This, in addition to the potential to recover damages or an account of profits from the counterfeiter arguably puts intellectual property owners in a strong position to enforce their rights this Christmas.

So what is the moral of this Christmas tale? Be vigilant, especially if you are the owner of an intellectual property right. Consider whether you need to enforce those rights, and whether you need to register those rights if you have not already done so. If you think your intellectual property rights are being infringed, we’re always happy to help and will offer free consultation.