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Glossary
2009 Customs Border Protection (CBP) report is up
Saw it in Customs Law Blog:

His highlights:

  • Almost 15,000 seizures of counterfeit merchandise
  • The seizures amounted to $260 million in domestic value
  • There was a small decline in seizures, which was far smaller than the decline in overall imports
  • China was the leading source for counterfeits
  • Footwear was the leading commodity seized
(Image from CBP report)
I thought this image from CBP report is most poignant.  Here is the link to 2009 CBP report.
Look at the size of the small chip. You must have sophisticated measures to defeat these counterfeiting adversaries. (Tony Zafiropoulos)

Also 2009 is the first year total value of seizures passed the total value of trade.

Here is an interesting table  values of commodities seized:
                                    Commodity Value of Total
FY 2009 Domestic Percent
Footwear                                          $ 99,779,263                 38%
Consumer Electronics                       $ 31,773,625                 12%
Handbags/Wallets/Backpack             $ 21,501,614                   8%
Wearing Apparel                               $ 21,462,276                   8%
Watches/Parts                                 $ 15,533,922                   6%
Computers/Hardware                         $ 12,546,098                   5%
Media                                               $ 11,099,758                  4%
Pharmaceuticals                                $ 11,057,991                  4%
Jewelry                                             $ 10,499,243                   4%
Toys/Electronic Games                       $ 5,503,143                   2%
All Other Commodities                       $ 19,941,004                   8%





Tony Zafiropoulos

1/31/2010


Building cable can be counterfeit too
WISTechnology.com has a story:

"Last week I attended a Building Industry Construction Services International (BICSI) conference in Orlando that included Ralph Frasca, president of Grand ISS, as a speaker who said that major corporations have been counterfeited into the billions of dollars. These corporations include Johnson & Johnson, Ford, GM and a myriad of others.

Frasca said it is more than reverse engineering a product today. Counterfeiters are more sophisticated and might even have an inside track to blueprints, marketing materials and anything else they can hack off of unprotected servers

Today, counterfeiting is a multi-billion dollar business with many entities creating copies but it is not restricted to the premium watches like Rolex, Cartier, Breitling and Movado or the upscale purses like Prada and Louis Vuitton. Counterfeit products now range from pharmaceuticals to electronics and even building cabling.

The problem with the cheap knock-off cabling is that the buyer is unaware that the cabling is not going to perform as well as the real product. Testing that product as it is installed is the only way to find out if it has the same performance characteristics that the original product has."

Counterfeit cabling as well as other infrastructure materials could be built into structures and if not authenticated could build liability cases in the future. This is why one must have an authentication plan in place. (Tony Zafiropoulos)


Tony Zafiropoulos

1/30/2010


20 million counterfeit medicines in SouthEast Asia
Khamerlogue Blog has a post:

"Police have seized 20 million counterfeit or illegal medical products in cross-border operations in South-east Asia, arrested 30 people and closed down more than 100 pharmacies and illicit drug outlets, Interpol said Wednesday.

The operation, dubbed Operation Storm II, was carried out in eight countries – Cambodia, China, Indonesia, Laos, Myanmar, Singapore, Thailand and Vietnam – between July and November last year under the framework of the World Health Organisation’s International Medical Products Anti-counterfeiting Task Force.


The seized products included antibiotics, anti-malarial and birth control medicines, anti-tetanus serums, aspirin and erectile dysfunction drugs.


Twelve million of them were fake and the best before date of eight million had either lapsed or the medical drugs had been otherwise altered."


20 million seized, 12 million counterfeit and 8 million altered/date lapsed. We need a way to authenticate all medicines and have everyone check before using. Why not use an authentication marker that cannot be altered. (Tony Zafiropoulos)


Tony Zafiropoulos

1/29/2010


Nike may be  benefiting from counterfeit crackdown
Oregonlive.com has the story:

"Lawyers for the outerwear company based in Washington County said the ruling gives them more leverage against knock-off artists across China, which generates 90 percent of faked Columbia products. Because factories making pirated goods operate behind the scenes, they're known for abusing workers and ignoring environmental protections.
 
"This is a significant case because it finally gives us a way to efficiently go after distributors," said John Motley, Columbia associate general counsel and director of intellectual property. "Instead of having to go after each little shop, we can go after the owner of a whole, what-we-call counterfeit mall."
 
Columbia, with $1.3 billion in 2008 net sales, estimates copycats cost it between $100 million and $200 million a year. The company, which will release its 2009 earnings today, is trying to crack down on pirates even as sales of imitation Columbia products explode on another front: the Internet"

I thought the whole point is to crack down on illegally produced products, and thus improving the bottom line of the company which developed it's marketing and brand awareness. (Tony Zafiropoulos)


Tony Zafiropoulos

1/28/2010


ABC story evokes Personal Care council statement
ABCnews.go.com has the story:

"Counterfeit products are damaging to all facets of American business and can be hazardous to consumers. According to U.S. Customs and Border Protection, the value of seized counterfeit fragrances increased by more than five times from 2007-2008 to a street value of $6.7 million. Counterfeiting and piracy have taken a serious, negative toll on our economy, contributing to the loss of an estimated 750,000 American jobs.

"Cosmetic and personal care product companies take great pride in producing safe, quality products, including fragrances. However, unlike authentic fragrances, counterfeit fragrances are not subject to the same strict safety substantiation requirements required under the Food, Drug and Cosmetic Act (FD&C Act). Consumers should purchase fragrances from reputable, recognized retail outlets or directly from the manufacturer, to be assured they are purchasing an authentic, safe product."

Counterfeit products are pervasive in every market segment and causing job losses (or delaying job gains). (Tony Zafiropoulos)


Tony Zafiropoulos

1/27/2010


We have pictures of our new detectors

The new future products page has the pictures (Tony Zafiropoulos)

 
We have the correct images of the detector and the forensic device.


Tony Zafiropoulos

1/26/2010


Fake Glaxo pills can be hazardous to health
Reuters.com has the story:

"Lab tests showed counterfeit versions of Glaxo's pill Alli contained high levels of sibutramine, Food and Drug Administration officials said.

Sibutramine is the active ingredient in Abbott Laboratories Inc's prescription diet drug Meridia.


"The amount of sibutramine in the counterfeit Alli poses a serious health risk to some individuals," Dr. Janet Woodcock, head of the FDA's drug unit, told reporters on a conference call.


"A person taking the counterfeit Alli as directed would be exposed to twice the maximum prescription dose of sibutramine every day," she said.


The FDA warned earlier this week that sibutramine should not be used by people with a history of cardiovascular disease because it can raise the risk of heart attacks and strokes."


This could be a legal liability for Glaxo, if the company has not had enough work done towards anti-counterfeit methods, or tried to educate its consumers with regards to fake products. (Tony Zafiropoulos)



Tony Zafiropoulos

1/26/2010


Consumer Good companies in India pursuing fakes
Business Standard has the story:

"Hindustan Unilever (HUL) has had reports of 118 spurious varieties of their products, Fair and Lovely and Clinic Plus, available in the market. HUL says it has a ‘three-pronged approach’ to address this. It includes, as a spokesperson, from the company puts it: “Creating awareness regarding the problem; engaging with enforcement agencies on implementation and government bodies for changes in laws; and actively taking market action through raids and seizures.”

Tthe bigger the company, the larger is its spurious counterpart. To counter this, some companies have changed the packaging and design of their products at frequent intervals to make it difficult for counterfeiters to duplicate these easily. But, this is expensive, which makes conducting raids the most common pratice of dealing with the menace.


Companies also say most manufacturers of spurious products work in collusion with wholesalers and retailers who stock these, eventually pushing them to unsuspecting consumers, lured by the low price. The discount in price between the original and fake product is said to be 20-25 per cent. So, even as companies try getting manufacturers under their net, the distributor-retailer end is unaddressed. By some accounts, almost 10 per cent of the retail universe in the country is dealing in spurious products.


“Though the law is stringent, its enforcement is weak,” says the legal head of a FMCG company. “There are discretionary powers given to the enforcement authorities, which means perpetrators are generally not penalised too heavily for the crime they commit.”



The article defines FMCG as a Fast Moving Consumer Goods company. It is interesting that in India companies have taken it upon themselves to help the authorities to find counterfeiters. Notice the line that changing packaging designs frequently is expensive. To us it would be obvious to add a non reverse engineer capable authentication marker (Tony Zafiropoulos)



Tony Zafiropoulos

1/25/2010


Taipan Enterprises tries to broker US arms illegally

Ethiopian Review has the story:


"Taipan Enterprises Ltd., based in Arlington, Va., pled guilty Thursday to illegally brokering the sale of arms to Yemen, Chile, Libya and Vietnam without registering and obtaining a license to sell items listed on the United States Munitions List, following an investigation by U.S. Immigration and Customs Enforcement (ICE) and other federal agencies.


Taipan Enterprises was immediately sentenced to pay a $15,000 fine.


According to the statement of facts submitted with the plea agreement, the president and secretary of Taipan Enterprises, Ioannis Papathanassiou, admitted he contacted a number of defense manufacturers to broker United States Munition List items, which included combat armored vehicles, small arms components, night vision equipment, ground radars and other surveillance systems. Papathanassiou admitted that from at least June 2006 he attempted to broker the sale of this equipment to the Chilean military as well as end users in Libya, Vietnam and Yemen."


Because Taipan enterprises was not registered to sell the US munitions list items ICE had a case.  It starts with illegal brokering, counterfeit product selling is not far behind. Not every industry is so tightly controlled. (Tony Zafiropoulos)


Tony Zafiropoulos

1/24/2010


Saudi citizen convicted of counterfeit good sale
Fortbendnow.com has the story:

"Ashoor was convicted of purchasing counterfeit Cisco Gigabit Interface Converters from an online vendor in China in an attempt to satisfy a contract he had with the United States Marine Corps in Iraq to deliver genuine Cisco GBICs. Judge Hittner ordered Ashoor taken into custody pending sentencing on April 13, where he faces up to 10 years in prison and a $250,000 fine. 

 

During this week’s re-trial, the United States presented evidence proving Ashoor, through his company CDS Federal Inc., was awarded a contract in June 2008 to supply 200 Cisco GBICs to the Marine Corps for use in their computer network at the Marine Base in Al Taqaddum, Iraq, located approximately 65 kilometers west of Fallujah.

 

The language of the contract signed by Ashoor specifically stated the GBICs had to be genuine Cisco products and not an imitation brand that claimed the same specifications. It further cautioned that, “Not only is this a quality issue it is a possible security issue.”

 

Testimony at trial showed that the computer network for which the GBICs were intended is used by the Marine Corps to transmit troop movements, relay intelligence and maintain the security of the base at Al Taqaddum."


Notice how intertwined even the US military is with Cisco routers, and thus a good authentication system is a must.(Tony Zafiropoulos)


Tony Zafiropoulos

1/23/2010


We have a sneak peek of our new detectors

The new future products page has the pictures (Tony Zafiropoulos)


My apologies, but we have to put up the correct images - should be fixed soon.


Tony Zafiropoulos

1/22/2010


Fake Blackberrys in Sharjah, Dubai
Khaleejtimes has a story about the Blackberrys :


"BB China are BlackBerry imitations, bearing the “Made in China” mark, sold clandestinely in several mobile shops in Dubai and Sharjah at a price ranging from Dh200 to Dh230 per unit. 

They have the same appearance as the original BlackBerry, whose price moves up from Dh1,700 without the SIM card, depending on whether it is a BlackBerry Curve, BlackBerry Bold or BlackBerry Storm. 

Messy, who did not want to give his last name, told Khaleej Times that he has both the original BlackBerry Curve and the “BB China”. 

“Spotting a difference with just one look at it cannot be found,” Messy said. “They look the same until you browse the menu and discover that the BlackBerry Messenger is missing, as it is exclusively for BlackBerry users.”


As in a lot of good counterfeits it is difficult, if not impossible to discern a counterfeit from the real product, unless one has an Authentication Marker.(Tony Zafiropoulos)


Tony Zafiropoulos

1/21/2010


Counterfeit Cisco Routers: Security threats?
NYTimes story snippet:


"Cisco is required by law to include technology in its networking products that allows investigators to tap the hardware for information. The fear is that a country like China could sell counterfeit routers containing slightly modified software that would allow hackers to dial into the systems. “That could provide the perfect over-the-shoulder view of everything coming out of a network,” Mr. Moss said.


A Cisco spokesman, Terry Alberstein, said that the company had extensively tested counterfeit Cisco routers. “We have not found a single instance of software or hardware that was modified to make them more vulnerable to security threats,” he said.


Alan Paller, director of research at the SANS Institute, a security education organization, said American technology companies had gotten better about protecting their most prized intellectual property by creating more complex systems for viewing and changing source code. Such systems can keep a detailed account of what tweaks have been made to a software product."


Authenticating Hardware (Our examples page)can show a real versus a fake or hacked chip in Cisco and other networking equipment.(Tony Zafiropoulos)


Tony Zafiropoulos

1/20/2010


Counterfeit Alli was found 
Attourney Daily has a counterfeit drug story:


{The FDA has issued a warning to consumers about a counterfeit and potentially harmful version of Alli 60 mg capsules (120 count refill kit). Preliminary laboratory tests performed by GlaxoSmithKline, the manufacturer of the FDA approved over-the-counter weight-loss product revealed that the counterfeit version did not contain orlistat, the active ingredient in its product. Instead, the counterfeit product contained the controlled substance sibutramine.


Sibutramine is a drug that should not be used in certain patient populations or without physician oversight.  Sibutramine can also interact in a harmful way with other medications the consumer may be taking.


Consumers began reporting suspected counterfeit Alli to GSK in early December 2009.  GSK has determined that the counterfeit product has been sold over the internet. However, there is no evidence at this time that the counterfeit Alli product has been sold through other channels, such as retail stores.


The counterfeit Alli has:

  • Outer cardboard packaging missing a “Lot” code;
  • Expiration date that includes the month, day, and year (e.g., 06162010); authentic Alli expiration date includes only the month and year (e.g.,: 05/12);
  • Packaging in a plastic bottle that has a slightly taller and wider cap with coarser ribbing than the genuine product;
  • Plain foil inner safety seal under the plastic cap without any printed words; the authentic product seal is printed with “SEALED for YOUR PROTECTION”;
  • Contains larger capsules with a white powder, instead of small white pellets.

}


The only way to authenticate products without doing laboratory tests is with an authentication marker and reader to authenticate the product.(Tony Zafiropoulos)


Tony Zafiropoulos

1/19/2010


1million pounds sold on website was for fake products
Guardian.co.uk has the story:


"Thousands of consumers seem to have been collectively duped out of up to £1m by a website that promised designer clothing and footwear at hugely discounted prices.


FocusClothing.co.uk, which took thousands of pre-Christmas orders, closed down in late December, leaving a trail of undelivered goods, and in many cases, unauthorised charges to its customer's credit cards.


Many of those who ordered goods have lost hundreds of pounds, and most buyers have been forced to cancel their credit and debit cards fearing further fraudulent activity.


The case is likely to be first real test of the new National Fraud Authority and should serve as warning to shoppers that they need to do a lot of homework before they hand over their card details to an unknown website."


The United Kingdom has counterfeit sellers in their midst as well.(Tony Zafiropoulos)


Tony Zafiropoulos

1/18/2010


Counterfeit drugs are problem in developing world

Central & Science has an interesting story on fake drugs:


"We were talking about the fact that nobody knows exactly how many fake drugs are consumed around the world, but it’s pretty clear that the problem is greater in developing countries where there is less funding for regulation and/or policing. (The WHO estimates that markets in industrialized countries such as the U.S. and many parts of the E.U. have no more than about 1% counterfeits. In developing nations, some 10-50% of pills are guesstimated to be bogus.)


“Counterfeiters have killed with impunity,” Newton said. He went on to tell me that people sometimes spend what little money they have to unwittingly buy fakes, and then have succumbed to otherwise curable diseases because the medicines have not worked. “A Burmese patient died a few years ago of malaria having clearly taken fake artesunate,” a malaria drug, Newton said. “When he was admitted with malaria all the signs were that he should recover rapidly but then he deteriorated and died of cerebral malaria very tragically,” Newton added. The man’s community was so upset that people in “the village where the patient came from took all the medicine he had been taking from the shop. They burned it in a bonfire in the village in a spontaneous protest,” Newton told me."

Columbia lab

A concentrated effort by manufacturers and authorities is needed to root out these labs, and a good informational campaign to allow users to quickly see the difference between real and fake product.(Tony Zafiropoulos)


Tony Zafiropoulos 

1/17/2010


Counterfeit Semiconductor MVP Micro caught
your-story.org has a story:


"The Semiconductor Industry Association (SIA) today hailed the latest guilty plea in an ongoing prosecution of persons involved in the sale of counterfeit semiconductor products. The U.S. Attorney for the District of Columbia announced Wednesday that the owner of MVP Micro, Inc., has entered a guilty plea to the charge of trafficking in counterfeit goods and faces a sentence of as much as 46 to 57 months incarceration, depending on certain factual issues to be decided by the sentencing court.


“We are very pleased that the U.S. Department of Justice has obtained another guilty plea in the case of MVP Micro, a criminal enterprise trafficking in counterfeit semiconductors,” said SIA President George Scalise. “Semiconductor counterfeiting is fraud, pure and simple. Given the potential for catastrophic injury and damage from failure of a counterfeit microchip, vigorous enforcement actions are necessary to deter this type of illegal activity.


Scalise said that sale of counterfeit semiconductor products poses a special threat to critical infrastructure, health and safety, and homeland and national security. “In this age of constant threats of terrorism, we can ill afford to have the reliability of critical systems put in jeopardy by the use of fake semiconductor devices,” Scalise continued."


We can all hope that all counterfeiters get caught eventually (Tony Zafiropoulos)


Tony Zafiropoulos

1/16/2010


AB Coaster Exercise equipment counterfeits seized

PRWeb.com Story:

"Thinking about buying an Ab Coaster or other popular exercise product for cheap on Craigs List? Think again. The attractive low prices for items seen on internet sites such as Craigs List are there for one simple reason: the product is likely a cheap counterfeit.

The U. S. Customs and Border Protection Service notified The Ab Coaster Company that it seized large container quantities of counterfeit Ab Coaster products at a port in Long Beach, CA. According to company spokesperson, Sean Gagnon: "Everyday we receive phone calls and emails from unhappy customers complaining about problems they are having from poor quality counterfeit goods they purchased on Craigs List or eBay. So we were not surprised when we learned that U.S. officials discovered and seized the counterfeit Ab Coaster products at the port."

Exercise equipment is not immune to counterfeiters attempts (Tony Zafiropoulos)


Tony Zafiropoulos 

1/15/2010


Counterfeiters threaten more than profits - health and welfare

Conference Board Review story:


"More than lost revenue is at stake. Counterfeit brand-name medicines threaten the health of people all over the world, with an estimated 700,000 deaths a year attributed to fake tuberculosis and malaria drugs alone. In Panama, 115 people died after taking cold medicine that contained an ingredient found in antifreeze. In Nigeria, tainted teething medication killed eighty-four children. And in the United States, where the drug supply is considered safe, authorities have uncovered caches of a wide range of fake prescription drugs, including Viagra, Lipitor, and Tamiflu.


It gets scarier. Inspectors have turned up counterfeit parts in nuclear reactors, commercial aircraft, and New York City subway cars, buses, and taxis. In 2008, the Aerospace Industries Association rang the alarm bell, calling for standards to prevent counterfeit replacement parts from winding up in space and defense systems.


International Chamber of Commerce’s Counterfeiting Intelligence Bureau estimates that fakes account for 5 to 7 percent of international trade, or about $600 billion annually. While some observers dispute this estimate, it’s hard to argue with U.S. Customs and Border Protection, which says it seized more than $270 million in counterfeit and pirated goods in fiscal 2008 (ending in September), up 38 percent from the prior year and nearly three times the value of goods seized in 2003. China, predictably, was the top source of bogus products."


The problem is crime prevention is not the only strategy companies have to take, they must create a strategy of authenticating their products, using covert and overt means - the covert angle we can help with our custom designed authentication marker. (Tony Zafiropoulos)

Tony Zafiropoulos 

1/14/2010


Grey market also a problem for Manufacturers

Bangkok Post story:


"The size of the problem: Consumer goods and electronics have received much of the publicity, but auto parts, footwear, handbags and apparel, prescription drugs, sunglasses, and all types of components are at risk. The World Customs Organisation reports that 7% or more of the world's merchandise is counterfeit, amounting to $512 billion worth of fake goods. In some regions, 40% of certain categories of goods are believed to be fake or sold through unauthorised channels, according to http://www.supplychainbrain.com.


Sharing technology increases risk: China is by far the major source of piracy and fake goods. As companies turn to China for more production, the risk of piracy and unauthorised technology transfer increases. The protection of intellectual property is made more difficult when companies share not only their production technology but their marketing and packaging specifications as well. In many cases legitimate factories use a so-called "third shift" to make fake goods that look quite authentic. In other cases, excellent packaging and labelling do the trick. In others, the lack of adequate quality assurance, inspection, control, and authentication processes leads to the proliferation of questionable products in the market.


Many shades of grey: In parallel to counterfeit products, another global supply chain involving grey products is booming. A grey market involves the trade of a commodity through distribution channels which, while legal, are unofficial, unauthorised, or unintended by the original manufacturer. In contrast, a black market is the trade of goods and services that are illegal in themselves and/or distributed through illegal channels, such as the selling of stolen goods, certain drugs or unregistered handguns."


The problem is the authentication of production and product all the way down the supply chain. If an Authentication Marker is placed in the early stages of production, and then quality controlled all the way down the supply chain, that will solve the problem. (Tony Zafiropoulos)


Tony Zafiropoulos 

1/13/2010


Dangerous Bosch auto parts found in China Pavilion

Business Standard story:

"Auto spare parts disguised as those of Bangalore-based component manufacturer Bosch Ltd have been discovered at the Auto Expo 2010 held in the capital’s Pragati Maidan. The fake parts were displayed at a stall in the China Pavilion, which houses 5,000 sq metres of exhibition stalls of numerous Chinese component manufacturers. The alleged high-end lighting products, fraudulently branded as Bosch’s, were discovered recently by the latter’s officials.

 

Company officials said they had initiated action against the Chinese exhibitor responsible, but refused to elaborate. It could not be confirmed if any case had been registered with the police or with any authority.

 

“This is not just about counterfeiting. The displayed product was lighting systems that are capable of generating very high-intensity light beams from a vehicle which we do not manufacture in our product portfolio. It is dangerous to install such high-powered lights in one’s car. This is clearly an abuse of the brand Bosch,” said V Sadanandam, Brand Protection Manager."


Sometimes counterfeiters do not know when to stop. Even blatantly showing their wares in an exhibition in Bangalore, India. (Tony Zafiropoulos)

Tony Zafiropoulos 

1/12/2010


Customs seizes $1.2mil of counterfeit goods

CBP.gov has an official press release:


"U.S. Customs and Border Protection at the Port of Savannah has seized more than $1.2 million in counterfeit merchandise from two separate shipment officials announced today. The shipments had combined total domestic value of $551,799, and a combined manufacturers suggested retail price of $1,292,816.

The first shipment was seized on December 8, when CBP officers discovered a shipment of 10,240 pairs of counterfeit Nike sneakers in a container designated for examination. The sneakers had been manifested as woman’s clothing. The second seizure occurred on December 17, when CBP officers discovered 1,320,000 counterfeit DVD-R discs in a container that was selected for examination. The shipment was in transit to South America."


I found interesting that sneakers were declared as womans clothing. And that even with several arrests per month, counterfeit goods are still coming in the country. Thus companies have to have an anti-counterfeiting strategy, have an authentication marker that is covert and overt. Overt for the brand identity, and covert so that one can irrefutably tell a fake from a real product. (Tony Zafiropoulos)


Tony Zafiropoulos 

1/11/2010


Kingston flash drives counterfeited sold on Ebay

fightflashfraud.wordpress.com blog post:


"The ebay ID haonengtong147 undoubtedly belongs to one of the fraud rings in China selling counterfeit and fake capacity flash memory items on ebay. The buy it now price for this 64GB Kingston DataTraveler 200 USB flash drive is far too low for it to be anything other than a fake that will corrupt users’ files.


This cheeky fraudster (who is using private listings to hide sales – never buy flash memory in private ebay sales, you are almost certain to get a fake) says in the listing:Many sellers supply grey market, refurbished or factory seconds goods at similar pricing to us. We guarantee that our products are brand new, official and first-class quality."


It can't be any more blatant than that. Claim to be selling the real thing while being blatantly counterfeit. So private listings are circumspect on Ebay.How could you truly authenticate any product?  Check out our Authentication marker examples. (Tony Zafiropoulos)


Tony Zafiropoulos 

1/10/2010


Adidas Counterfeiter stopped from trademark infringement

Lexology.com has the report(requires registration):


"In March 2009 a counterfeit production facilities of products bearing the world-known trademark “adidas” were discovered in Saratov, Russia. A tailoring shop, belonging to an individual businessman, produced sportswear marked by “adidas” trademarks without permission of the trademarks owner.


Despite the warning to stop using the trademarks without appropriate permission of the trademarks owner, the production and sales of the counterfeit products continued, though with insignificant changes in exterior of the trademarks belonging to Adidas. Customers of the products directly indicated that certain element shall be “the same as the Adidas? one”. The criminal investigation finished in November 2009 with a sentencing decision of the court according to art. 180 (3) of the Criminal Code “Unlawful use of trademarks by a group of persons by previous concert”. LLC “Baltic Law Offices” represented the Adidas Company in this case."


The tailoring shop in Saratov, Russia was stopped after some time, and their "products" looked very close to the real thing. (Tony Zafiropoulos)


Tony Zafiropoulos 

1/9/2010


FDA alerting consumers on fraudulent H1N1 drugs

FDA.GOV website:

 

"The FDA is alerting the public to be wary of Internet sites and other promotions for products that claim to diagnose, prevent, treat or cure the 2009 H1N1 flu virus. The agency also is advising offending websites to take prompt action to correct and/or remove promotions of these fraudulent products or face enforcement action."

 

To report suspected fraudulent actions or websites that sell counterfeit drugs Please click on this link and fill out the relevant information. (Tony Zafiropoulos)

Tony Zafiropoulos 

1/8/2010


Bahamas will now enforce IPR laws
The Tribune from Bahamas has the story:


"POLICE have expressed determination to crackdown on the illicit trade of pirated and counterfeit goods after the US government dubbed the force complicit in such illicit trade.


The United States Trade Representative's Office report on the Caribbean Basin Economic Recovery Act (CBERA) which presents the official view of the Obama administration describes the enforcement of Intellectual Property Right (IPR) laws in the Bahamas as "lax".


It further states how anecdotal evidence suggests, "the police are complicit in the buying and selling of pirated movies, songs and fabricated high-end purses to residents and tourists".


But spokesman for the US Embassy in Nassau Jeff Dubel said the terminology used in the report required by Congress to continue funding for the Caribbean initiative simply relates to the fact that pirated and counterfeit goods are bought and sold openly in the country.


The US Embassy in Nassau worked with the police and the Attorney General's office to draft legislation and rules for the enforcement of IPR's two years ago and facilitated a two-day workshop on IPR law enforcement at the Police Training College in November.


A total of 25 members of the police force, the Bahamas Customs Office, Attorney General's Office and department of the Public Prosecutor shared ideas and developed strategies to enforce existing IPR laws during the course so officials can designate and protect intellectual property."


IPR stands for Intellectual Property Rights, The Bahamas are a vacation spot and a British territory, so they have a unique law enforcement hierarchy. It is good that from now on they will enforce the laws as they should. It does require attention and training for law enforcement on counterfeit goods.  (Tony Zafiropoulos)



Tony Zafiropoulos 

1/7/2010


Auto Component Association fighting counterfeits
Industryweek.com  has the story:


"The Auto Component Manufacturers Association (ACMA) of India has created a consumer affairs committee that is trying to increase consumer awareness about counterfeit products and conducting raids to help curb the duplicate market.


Component suppliers such as Bosch, Lucas, Delphi, NRB Bearings, Elofic, AIS (Asahi India Glass Ltd.) have joined together to conduct common raids under the umbrella of ACMA.

Over the past six months 34 raids have been conducted in Northern India.


An ACMA commissioned study shows counterfeits account for close to 35% of the replacement parts market in India.


India's government is losing revenue in the form of excise, duties, VAT and other local taxes, according to ACMA."


Counterfeit products are effecting every industry, and every organization will wake up eventually to a must do of anti-counterfeiting authentication marker solution. (Tony Zafiropoulos)



Tony Zafiropoulos 

1/6/2010


China attempting to improve quality
Businessdailyafrica.com story:
"China has over the years faced massive challenges over sub-standard counterfeit goods, leaving consumers in target markets such as Kenya jittery about purchasing them. But Chinese products remain popular among low end consumers because of their pocket- friendly prices.


“We have noticed that there have often been concerns over Chinese goods but we have moved to enforce standards among producers at home and we are liasing with regulators in target markets to ensure standards are adhered to,” Mr Hongbo said at a press briefing.


Projections by the Kenya Association of Manufacturers (KAM) showed that counterfeiters were selling fake pens, batteries, cosmetics, and a range of other products, including crucial live-saving drugs, across Africa, with estimates of counterfeit penetration up to 40 per cent for some items.


The association claims that counterfeits cost local companies Sh50 billion ($650 million) and the government Sh19 billion ($250 million) in taxes in 2008 with many fingers pointing at China which has in the past decade sought to bolster trade ties with Africa in the hope of securing natural resources for its robust economy.


The value of Sino-Africa trade has grown significantly to stand at $106.8 billion in 2008 up 45.1 per cent from 2007 even though the leap has also brought with it fresh challenges of sub-standard goods and counterfeits."


China has a lot of work to do. and the manufacturers need to improve the supply chain management pipeline.(Tony Zafiropoulos)


Tony Zafiropoulos 

1/5/2010


Zambia has some successes in fighting piracy
Zambiatwitter.blogspot.com discusses a lusakatimes story:


Here you can see Zambia's efforts smashing all of the pirated goods.



" Mr Nkonde told ZANIS in an interview, yesterday that, the success for Zambia making a mark against piracy is mainly due to the introduction of the Intellectual property unit by the Zambia Police.

He said the establishment of the unit had greatly assisted the country to effectively fight Piracy and other counterfeit products through intensified patrols.

He further said the fight against piracy and counterfeits, last year, also enjoyed political will by government.

Mr Nkonde noted it was with for this structural reason that Zambia was the only country in the region that had exposed a lot of counterfeit products not only in the music industry but in the manufacturing sector as well.


The Intellectual Property Specialist said Zambia curbed a lot of industrial counterfeits products such as fake Kiwi Polish , batteries and Vaseline among others."


Wherever the political will is not as resolute as Zambia there will be large amounts of counterfeit products, as well as a conduit for counterfeit products to the European and American marketplaces .(Tony Zafiropoulos)

 

Tony Zafiropoulos 

1/4/2010


At least $58Billion counterfeit IT products in world
Registryeasy.ws has a post about counterfeit products:


"According to the Alliance for Gray Market and Counterfeit Abatement (AGMA) and KPMG, the value of gray market information technology (IT) products alone averaged $58 billion in 2007. Counterfeiting has been conservatively estimated as a $650-billion problem annually. Of all goods sold worldwide in 2007, 7-10% are believed to have been counterfeit.


The Center for Medicine in the Public Interest estimates that worldwide counterfeit pharmaceutical sales are increasing at about 13% annually—nearly twice the pace of legitimate pharmaceuticals—and could become a $75-billion industry by 2010.


Understanding the Root of the Problem: Three Major Gray Market Drivers

The fundamental opportunities for a gray marketer are supply/demand balancing for cash flow optimization and the arbitrage between channels, regions, and distribution models.

  • Know the financial health of partners in the network. Partners may manipulate stocking levels because of the carrying cost of inventory, thus being unable to meet demand with legitimate product. They also might openly stock gray market products alongside legitimate products. They could misreport inventory and sales to realize undeserved price protection and promotion benefits.
  • Manufacturers’ Operating Practices. Financial Management practices and capabilities involving invoice accuracy, payment terms, price protection, and return allowances all affect network behavior. Marketing and Sales practices — beginning with sales force incentive structures, licensing agreements, promotional allowances and programs, stock balancing, and stock rotation — can drive undesirable behavior.
  • Manufacturers’ Operating Model.  Criteria to address include the following:  the economics of being a distributor; the number of tiers in the value chain; the number of partner hand-offs and coordination events; the degree of dependence the manufacture has on the distributor for end-user fulfillment and satisfaction; the extent of regional and cross-border coverage; the differences in local operating practices; and the cost of managing and controlling small, distant distributors."


It is true companies need to be careful when choosing their partners that produce their products. Authenticating the supply chain(using authentication markers) would also be a method to tell your supply chain partners that you will not tolerate any counterfeit products being inserted or real products being sold outside of the standard supply chain. (Tony Zafiropoulos)

 

Tony Zafiropoulos 

1/3/2010


Canadian Waterloo region has counterfeit products
Finance Alphatrade.com has a story:


" During the month of December 2009, members of the Royal Canadian Mounted Police (RCMP) located and seized numerous counterfeit retail products from local businesses within the Region of Waterloo.


RCMP investigators from the Kitchener Detachment have attended numerous businesses within the Region of Waterloo and observed counterfeit retail products. The specific trademark infringed items included sports jerseys, sports jackets, sports memorabilia, clothing, DVDs, hats and toques, jewelry, purses, sunglasses, and wrist watches.


The importing and sale of counterfeit products greatly undermine the livelihood of honest businesses by undercutting their sales prices. The honest business is impacted by reduced revenues which may impact on their future operations. Products legally imported or manufactured are done in compliance with current legislation. This is to ensure the general public is not subjected to or at risk to faulty products."


It seems like every region has counterfeit products.(Tony Zafiropoulos)

 

Tony Zafiropoulos 

1/2/2010


Production in China/India vs. North America
Examiner.com has a story about geopolitics and counterfeit products:


"Let's face it, in a global bidding war on who can do it cheaper, Canada and the U.S.A. labour force with better wages, unions, labour, free trade politics and government regulations make us uncompetitive.


The world can threaten and postulate about China's human rights, as we have done in the past, but China's hell or high water attitude wins out everytime.

How else can you explain cheaply made consumer goods either faulty or laced with toxic ingredients hitting our store shelves with nary a word from government trade officials from North America?   Sure, there are recalls on any Chinese made goods found toxic or faulty, complete with a government finger wag, but for the most part consumers are left with little choice when China makes virtually everything we consume from soup to nuts to clothes. Consumers it seems continue to buy these tainted goods regardless of the consequences to their health."


And this includes counterfeit goods, both obviously counterfeit and goods that are very close to the real product. Companies have to create their own anti-counterfeit strategy. At Swiss Authentication we can develop a solution custom designed for your product.(Tony Zafiropoulos)

 

Tony Zafiropoulos 

1/1/2010



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