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
|