Brands and items related to sports are particularly affected by counterfeiting. Therefore, your
attention is required!
What are we talking about?
Counterfeit goods are those which abuse or steal intellectual property (IP), when a product
protected by an intellectual property right is reproduced, being faithfully or not, without the
authorization of the right's holder. Infringers hoping to create confusion with the original product
and to take profit from the reputation of the product or trademark.
Given the similarity of some copies and the sales talk used by counterfeiters, buyers can
be cheated
Some examples
GENUINE
GENUINE
FAKE
FAKE
(en PJ :securiteprevention_contrefaçon_illustration_vraifaux
En PJ également : photos une par une)
However, counterfeit products are not comparable to products and materials offered by
manufacturers. They are generally of poor quality (some do not resist the first washes), offering
only a low resistance (seams spliting) while receiving no comfort.
Furthermore, the manufacturing rules and safety requirements for manufacturers are never
respected by counterfeiters, which can cause allergies or other unexpected reactions (glasses with
not filtering solar glasses).
Have a look on the movie made by students of the ESTIENNE school within the framework of the
European competition "Hands off my design" organized by the Office for Harmonization in the
Internal Market (OHIM) - Alice LOBEL, Camille MANSOUR and Lucie MARTIN – With kind
authorization of the ESTIENNE professional school of book arts and industries.
(en PJ :securiteprevention_contrefaçon_spot )
Spot fakes to avoid disappointments
A doubt on the authenticity of a product ? How to make sure it is not a counterfeit? Some advices
to see clearer
- Place of sale: authentic products are mainly sold in brands' stores, on their official website or
approved retailers. Be particularly cautious at street markets and itinerant points of sale, trade fairs
and major seasonal marketplaces, discount stores and also on the Internet.
- Product quality: Fake goods are of much lower quality than authentic products. Pay attention to
some defects that should raise doubts such as stitching quality, symmetry of the lines, lingering
smells of glue or paint, ... Examine carefully labels and packaging on which must appear a number
of information about the manufacturer and the product (e.g.: poor print quality, brand name
misspelled, ...)
- Price: This is the principal way to attract buyers and of course the first marker to detect a fake (a
very low price for a product "next generation" is necessarily suspect).
However, since the rise of "second-hand market," especially on the internet, this criterion appears
less relevant. It is becoming difficult today to distinguish certain infringing products priced the
same as authentic used products (second hand).
- Services: counterfeit sellers do not offer any service. Yet, guarantee details and after-sales
services are all important factors to consider.
Buy knowingly
French law considers counterfeiting as a crime infringing intellectual property of a brand owner, an
inventor (patent) or a creator (design rights). Beyond his rights, the law punishes severely
purchase and sale of counterfeits. This is why customs relentlessly hunt counterfeiting by
conducting numerous inspections throughout the territory.
In 2011, a total of 9 million items seized in France. More information on
http://www.douane.gouv.fr
Back from vacation, do not be surprised to see the customs pay close attention to the contents of
your luggage. For even the casual buyer faces prosecution. In addition to the immediate
confiscation and destruction of the merchandise, buyer is liable to a fine (up to € 300 000) or
prison sentences (up to 3 years). Many counterfeit goods, packed in parcels, are also regularly
confiscated by customs.
Be very careful on the Internet
On the Internet it is more difficult to distinguish an original from a fake. It seems very difficult to
judge the authenticity of a product just reading the offer and its contents (pictures, comments,…).
So how to recognize a counterfeit offer on the internet ? It is difficult to accurately answer this
question but many tips can help you.
Looking for the best price can drive buyers to illegal websites that have the appearance of certified
ones.
Here are some ways you can keep yourself safe:
- Be wary of websites that are poorly built, disordered or ambiguous, mixing all kinds of products
or brands, whose photographs are of poor quality, with few detailed catalogs, that have abundant
translation errors, with very limited stocks but pride to produce on demand any product, and where
seller contact is only an impersonal email instead of a real customer service.
- Avoid websites that do not clearly indicate legislation for distance contracts/selling: information
on prices (taxes, shipping fees, final costs, ...), company information (phone number, full postal
address, ...), printable policy on return and cancellation, warranty information, delivery details.
- Pay close attention to web shops situated in foreign countries, especially from outside the
European Economic Area. If anything goes wrong with the seller, legal issues will be made more
difficult (not applicable law, national court, limited investigative powers for the authorities, ... ).
- Be aware of the payment process. There are fake shops with very similar methods to those of
legitimate web shops. Reference to well known means of payment and transportation (Visa,
PayPal indication or Fedex, UPS, …) does not always prove the reliability of the site.
Mostly, never pay through a wire transfer service like Western Union. These payment solutions
were not designed to conduct online commercial transactions.
A figure
Each day a number of litigious websites appear on the web. These stand-alone websites
specialized in counterfeiting disappear when they are unmasked to reappear elsewhere, under
other names. At the FIFAS federation we have identified nearly 800 of such websites offering only
“sport” items and mainly based in China or Southeast Asia.
On online auction sites counterfeit articles are sold mostly by real “crooks”.
- Know your dealer and be suspicious about bargains (analysis of the seller’s profile and offers,
sales, on-going litigation, …). However, a good reputation is not an absolute guarantee of
seriousness because some assessments from users can be false ones. Be cautious as well with
the assessments proposed by forums.
- Ask many questions as possible, examine photos, double check products authenticity and ask to
sellers to provide evidences (for instance, do you really think one person could receives in a year
ten identical products which he dislikes!).
- Choose your payment method wisely. Prefer intermediary payment services proposed by auction
sites themselves, intermediaries keeping the payment from the buyer until the seller has sent the
item.
What are your remedies if you have been a victim of fraud ?
Criterias presented above are not a surefire way to detect counterfeits
If in doubt, you can try to contact brands or the company that manufactures the authentic
products. Some of them have dedicated pages on their website with a list of dealers. So you can
check if a dealer is authorized or not. Other brands, through their customer service, receive your
questions to confirm or not the authenticity of a product (with identification codes, serial numbers,
...).
If you paid, first step will be to try to cancel the transaction and demand repayment. On auction
sites, you should inform the site through which the sale was made. Some open a litigation file or
provide the transaction under certain conditions. Same with some online payment services.
And do not hesitate to leave negative feedback to warn other buyers!
Also, consider contacting your insurance company or your bank if they offer any special protection
for you. However, be aware many companies’ policies refuse to pay for purchases on auction sites
or hold that, if you willingly provide your credit card number to a third party, then your problem
must be resolved with that third party.
If you unknowingly buy a product that turns out to be a fake, you may make a complaint. You
will probably not see your money back but you will contribute to unmask the fraud.
In severe cases, you may consider bringing the case to court with the help of a lawyer.
If you just want to report a suspected website, an offer or any other information related to
counterfeiting or infringement, you can contact:
https://www.internet-signalement.gouv.fr/PortailWeb/planets/Accueil!input.action
- The portal of public authorities for transmitting reports of illegal content that you would have
encountered while using the Internet
08.11.02.02.17
- The French telephone platform for information and prevention on Internet “scams”
https://www.signal-spam.fr
- The non-for-profit organisation promoting a trustworthy network of actors united to fight Spam
For more information on counterfeiting and its effects go to:
http://www.contrefacon-danger.com/
- the French Anti-Counterfeiting Committee (CNAC)
http://www.unifab.com/fr
- The Union des Fabricants working for the international protection of industrial property
http://www.inpi.fr/
- The public portal for the management of industrial property
http://www.douane.gouv.fr/
- The portal of the French Customs
http://www.economie.gouv.fr/dgccrf
- The portal of the French department for consumption an fraud repression
http://www.iacc.org/
- The website of the International AntiCounterfeiting Coalition (IACC)
Click below to view this page in french