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Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006. 2. Definitions. DUMPING: Selling Goods abroad at a price below that charged in the domestic market.COPYING: Reproduce or make an
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1. Consumer Products: counterfeit problems and anti-dumping measures Mr. Pierre de RUVO
IECEE Executive Secretary
2. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 2 Definitions DUMPING: Selling Goods abroad at a price below that charged in the domestic market.
COPYING: Reproduce or make an exact copy of an electrical equipment or components.
COUNTERFEIT: Imitating something e.g. Electrical equipment or components, superior in quality and performance.
FAKE: Fraudulent, having a misleading appearance. Not genuine or real; being an imitation of the genuine e.g. electrical equipment or components.
Source: Thesaurus
3. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 3 What is a counterfeit product? The legal definition under trademark law describes a product bearing a mark that is "identical with or substantially indistinguishable from" a genuine trademark registered.
4. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 4 Do counterfeit electrical products really present any health and safety problems? It is a fact that counterfeit electrical products can be dangerous and unsafe due to the fact that they use second choice of raw material, have poor assembly and lack third party testing & Certification
5. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 5 Counterfeit has reached the electrotechnical sector Trademark counterfeiting has reached the electrical sector. Counterfeit electrical products impact both well-known industrial and consumer brands, as well as registered certification marks of IECEE Registered Certification Bodies.
Counterfeit electrical products can generate significant safety hazards and, left undetected, can cause deaths, injuries and substantial property loss in the home and workplace.
6. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 6 Although counterfeit products may appear as excellent copies of the genuine product, market control and investigations show that many are sub-standard and fail to pass IEC safety requirements.
However detection based on appearance can be difficult and may only be determined after inspecting suspicious products and performing the relevant safety tests. Counterfeit has reached the electrotechnical sector
7. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 7 Counterfeiters often use low level (quality) materials and avoid key manufacturing steps to reduce the cost of their products, allowing them to be sold at prices that no genuine brand manufacturer can match.
Such counterfeit electrical products can overheat or cause short circuits and lead to fire, shock or explosion.
Counterfeit has reached the electrotechnical sector
8. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 8 What are some examples of electrical products that have been targeted by counterfeiters? small household appliances
electrical tools
electric motors
control relays
circuit breakers
fuses
switches and lighting controls
lamp ballasts
communications wire and cable
electrical connectors
9. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 9
Look for the IECEE NCB certification marks. If you have concerns about the marks, contact the relevant Certification Bodies.
Buyers should beware of bargains that seem too good to be true. Products may be cheap because they are counterfeit or defective.
Use established vendors who purchase their goods from legitimate distributors and genuine manufacturers. Fly-by-night vendors may not be willing to grant refunds for electrical products that do not perform as they should. Tips can help avoid potentially dangerous counterfeit electrical products
10. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 10
Check the warning label. It should be free of grammatical errors and not conflict with information elsewhere on the package.
Look for the name and contact information of the manufacturer. If this information is missing, consider purchasing electrical products elsewhere.
Avoid no-name products.
Tips can help avoid potentially dangerous counterfeit electrical products
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39. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 39 COMBATING COUNTERFEIT GOODS ON INTERNATIONAL MARKETS: UN BODY EXPLORES NEW SOLUTIONS With the rapid movement of goods in our global economy, counterfeit and unsafe products are arriving in ever greater quantities on national markets and posing a major challenge for countries worldwide. As counterfeit goods flood markets, they are undermining our economies, depriving Governments of revenue from taxes, and often endangering the health and safety of consumers. Some of these goods can even be life-threatening such as adulterated or contaminated food, hazardous toys or falsified spare parts for electrical goods, cars or aircraft. Counterfeits goods, according to the World Customs Organization, now account for around 5-7% of international trade.
Source: From UnitedNations Economic Commission for Europe (UNECE)
40. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 40 COMBATING COUNTERFEIT GOODS ON INTERNATIONAL MARKETS: UN BODY EXPLORES NEW SOLUTIONS To examine how current market surveillance activities could be expanded to provide better consumer protection, delegates from 42 countries met on 24 and 25October at the UnitedNations Economic Commission for Europe (UNECE) during its Second International Forum on Market Surveillance and Consumer Protection. The 110participants included representatives of national and international standards organizations, patent offices, consumer protection agencies, regulators, and industry.
Source: From UnitedNations Economic Commission for Europe (UNECE)
41. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 41 COMBATING COUNTERFEIT GOODS ON INTERNATIONAL MARKETS: UN BODY EXPLORES NEW SOLUTIONS The Forums purpose was to work towards finding a consensus on how to approach the issues of consumer safety and protection and the fight against fraud through a broader concept of market surveillance. A draft recommendation was circulated for comment and by June 2006, the UNECE hopes that a formal UNECE Recommendation on Market Surveillance can be agreed.
A second objective of the Forum was to help public authorities from countries in transition and developing countries to obtain first-hand information on how to protect human health and safety, animal and plant life and health, as well as the environment, without introducing trade restrictive practices.
Source: From UnitedNations Economic Commission for Europe (UNECE)
42. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 42 COMBATING COUNTERFEIT GOODS ON INTERNATIONAL MARKETS: UN BODY EXPLORES NEW SOLUTIONS
Counterfeiting is not only an infringement of the intellectual property rights of individuals and companies, it creates a disincentive for investors and hinders economic development.
Source: From UnitedNations Economic Commission for Europe (UNECE)
43. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 43 COMBATING COUNTERFEIT GOODS ON INTERNATIONAL MARKETS: UN BODY EXPLORES NEW SOLUTIONS Some success stories in combating this type of crime were reported during the Forum. In Ukraine, for instance, the authorities working together with Procter and Gamble, successfully detected and destroyed a lucrative illegal market in counterfeit Procter and Gamble products. In a survey conducted by Procter and Gamble in Ukraine in 1999, that company had found that a staggering 43 per cent of the hair-care products and 23per cent of the laundry products using its brand names were counterfeit.
Source: From UnitedNations Economic Commission for Europe (UNECE)
44. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 44 COMBATING COUNTERFEIT GOODS ON INTERNATIONAL MARKETS: UN BODY EXPLORES NEW SOLUTIONS As a result of an intense campaign that consisted of public confidence building and deploying mobile testing laboratories in Ukraine for on-the-spot testing of suspect products, the company jointly with the Ukrainian authorities succeeded in completely eliminating the counterfeit products.
Among the numerous concerns expressed during the Forum were difficulties in controlling misleading or false language. A representative of an Australia/New Zealand regulatory office highlighted the difficulty of controlling the language of marketing; specifically when statements about products were true but misleading.
Source: From UnitedNations Economic Commission for Europe (UNECE)
45. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 45 Frequently Asked Questions FAQ Fake ?
Counterfeiting?
Copying?
Why.whywhy.
46. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 46 What is the difference between a counterfeit trademark and an infringing trademark? All counterfeit marks are infringing. Infringing marks also include a broader class of marks that are "confusingly similar" to genuine marks. While counterfeit marks include marks that are "substantially indistinguishable" from a genuine mark, this definition contemplates only minor or trivial differences from the genuine mark. The "confusingly similar" test for infringing marks contemplates wider differences.
47. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 47 What is the practical difference between counterfeit and infringing marks? There are differences in legal remedies available. A trademark owner can seek an ex parte seizure order from a court in the case of counterfeit goods.
For a merely infringing mark, a trademark owner can pursue an injunction, which is granted only after noticeto the defendant and a hearing. Similarly, Customs must seize and destroy counterfeit goods, but in the case of merely infringing goods, goods may enter the country if the infringing marks are obliterated.
48. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 48 What must I do to protect my brand to deal with the threat of counterfeiting? Register your trademarks in all countries where you do business or plan to do business if you have not done so already. This is essential in order to protect your brand rights in every country. Consult with a trademark attorney to determine the most effective and efficient way to do this, including registration abroad.
In the United States, record your registered trademarks with U.S. Customs and Border Protection. This allows US Customs to protect your brand at the port of entry.
Develop within your company a brand protection or anti-counterfeiting program combining executive, legal, technical and sales resources to combat counterfeit products. Train key personnel about how to recognize if your brand is being wrongfully exploited and what to do about it.
49. Consumer products: counterfeit problems and anti-dumping measures, Berlin Affiliate Workshop 2006 49 What if I suspect that a certification mark on an electrical product is notgenuine? Contact the certification organization directly. Most IECEE Members have active anti-counterfeiting programs.
Please consult the IECEE Web Site:
www.iecee.org
http://www.iecee.org/CBSCHEME/html/cbcntris.htm
50. Thank you for your attention. Any Questions?
