Nice Appearance. Dark shadows - Fakes endanger health and jobs. S A Y

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Nice Appearance. Dark shadows - Fakes endanger health and jobs. S A Y
Y
         SA       S!

                  ODUCT
  COUN

    TE
                  PR
         RFEIT

Nice Appearance. Dark shadows.
   Fakes endanger health and jobs.

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Nice Appearance. Dark shadows - Fakes endanger health and jobs. S A Y
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Nice Appearance. Dark shadows - Fakes endanger health and jobs. S A Y
Foreword

Product- and Trade-
mark Counterfeiting is
not a trivial offence

Y    ou are holding in your hands
     the current information
brochure of the German Anti-
                                    effective liability of the seller do
                                    not exist. Nor is there an expert
                                    service available. In addition, the
Counterfeiting Association APM      production of fake goods often
(“Aktionskreis gegen Produkt-       takes place under inhumane
und Markenpiraterie e.V.”). Its     conditions – even child labour
purpose is to provide you with      can be encountered time and
background information regard-      again.
ing the production and trade in        The counterfeiters do not care.
fake goods.                         They are making high profits
   Product- and trademark piracy    while running a low risk. Very
is a worldwide rampant problem,     often they are acting within the
causing massive damage to the       global networks of organized
society as a whole. Innovative      crime. Its activities are co-fi-
businesses suffer significant       nanced indirectly through the
losses of sales and damages to      purchase of fake goods.
their reputation through the           This brochure is intended to
counterfeiting of their products.   help comprehend the severe glo-
The state is losing tax income on   bal social and economic impact
a multi-billion Euro scale, money   caused by product- and trade-
that cannot be spent elsewhere.     mark piracy. The information of
Consumers are equally affected.     the consumer provides a valu-
Many have already purchased         able contribution to reduce the
a fake product unintentionally.     demand for counterfeit products.
These products often turn out
to be of low quality and in the     Yours
worst case they are a real threat
to the user’s health and safety.
   However, the intentional pur-
chase of fake goods can have
undesirable consequences, too. A    Volker Bartels
manufacturer’s warranty and an      Chairman of the Board, APM

                                                                           
Nice Appearance. Dark shadows - Fakes endanger health and jobs. S A Y
The APM
    Together in the fight against counterfeits

    T  he German Anti-Counterfeit-
       ing Association was founded in
    1997 as the leading interbranch
                                                    fective protection of intellectual
                                                    property. APM – as it is commonly
                                                    known – is a joint initiative of the
    association engaging in an ef-                  Association of German Chambers of
                                                    Industry and Commerce (“DIHK”),
                                                    the German Brands Association
                                                    (“Markenverband”) and the Federa-
                                                    tion of German Industries (“BDI”).
                                                    Its members, besides the founding
                                                    associations, are numerous German
                                                    and international businesses which
                                                    are united in the fight against prod-
                                                    uct and trademark counterfeiting.

    What is the value of Intellectual Property?

    G   ermany is a country with lim-
        ited natural resources, a “na-
    tion of poets and philosophers”,
                                                    an export champion, a country
                                                    of “hidden champions”. Therefore,
                                                    Intellectual Property and its pro-
                                                    tection is of particular interest.
           www.apm.net                              Germany is more dependent than
                                                    others on the creativity and in-
                                                    ventiveness of its businesses.
      Content                                          According to a survey (of 800
                                                    companies) by the communica-
      Foreword p. 3
                                                    tion agency fischer Appelt, inno-
      The German Anti-Counterfeiting
      Association – APM p. 4                        vation, inventive talent, research,
      What is the value of Intellectual             and development are the most
      Property? p. 4                                frequently named qualities which
      Statement of the Federal Minister of          most effectively face times of cri-
      Justice and Consumer Protection p. 5
                                                    ses.
      Product and Trademark Counterfeiting p. 6
                                                    But what is the appeal for busi-
      A problem with global impact p. 8
                                                    nesses to invest in research and
      Distribution channels p. 12
                                                    development, if its results and in-
      The big business with fake trademarks p. 14
                                                    novations are not protected? That
      Quality has its price p. 18
                                                    is why respect for Intellectual
      Medicines p. 22                               Property is essential. Intellectual
      Underestimated risks and consequences p. 24   Property provides competitiveness
      Rights and Facts p. 26                        and progress. Intellectual Property
      APM‘s travelling exhibition p. 28             is the asset of a knowledge-based
      Contacts p. 30                                and future-oriented society.
      Register of members p. 32

Nice Appearance. Dark shadows - Fakes endanger health and jobs. S A Y
Statement of
the Federal
Minister of
Justice and

                                                                                   Picture: Frank Nürnberger
Consumer
Protection                                              Heiko Maas

Mr Heiko Maas:                                          Federal Minister of
                                                        Justice and and Consumer
                                                        Protection

“Product and trade mark piracy is    piracy can only be achieved
a growing threat for Germany as      through joint efforts of industry
an innovation-driven industrial      and politics. The Federal Gov-
location. Alongside the affected     ernment is aware of the funda-
companies, the consumers are         mental importance of industrial
those who suffer. Due to an in-      property rights for Germany as
creasing professionalism of the      an industrial location and for
counterfeiters, there is a growing   the preservation of jobs in in-
risk for consumers of purchas-       novation-intensive industries. It
ing a fake product unintention-      is, therefore, expressly advocat-
ally. Those who buy will get a       ing for a legal framework which
product that does not in most        ensures an effective protection
cases meet their legitimate ex-      against product and trade mark
pectations about quality, safety     piracy. In so doing, the German
of use and an ethical manufac-       Anti-Counterfeiting Association
ture. In order to counteract, the    (APM) is perceived as an impor-
German Anti-Counterfeiting As-       tant interface to German busi-
sociation (APM) is rendering a       nesses. Its work serves an inter-
valuable educational work with       est of the society as a whole and
its travelling exhibition “Nice      receives my full endorsement.”
Appearance. Dark Shadows”. The
exhibition provides its visitors
with background information
about counterfeits and aims at
strengthening the awareness of
the public about the dangers of
counterfeit products and the le-
gal wrong that they constitute.      Heiko Maas
Sustainable progress in the fight    Federal Minister of Justice
against product and trade mark       and Consumer Protection

                                                                                       
Nice Appearance. Dark shadows - Fakes endanger health and jobs. S A Y
Product-and Trademark
    Counterfeiting
    The cancer of globalization

    P   roduct- and Trademark Coun-
        terfeiting is regarded as one
    of the most serious white-col-
                                                         besides luxuries. May it be deter-
                                                         gents, ball-pens, tissues, tools, car
                                                         spare parts or medicines – every-
    lar crimes of our times. And the                     thing is copied where there is a
    problem is coming to ever grow-                      customer.
    ing dimensions. The damage for                          Approximately 5 to 7 percent
    the state and economy amounts                        of world trade are generated by
    up to 50 billion Euros annually                      dealing with counterfeit pro-
    alone in Germany…with a grow-                        ducts. A “business model” which
    ing tendency!                                        has already crushed 70.000 jobs
       Nowadays goods of daily use                       in Germany.
    as well as security-relevant goods
    are in the focus of counterfeiters

    What it is about
    Product piracy is the illicit imi-                    Trademark piracy is the illicit use
    tation and reproduction of goods                      of signs, trademarks, logos and
    protected by rights of innovation-,                   trade names which are used by
    design- and procedural rights of                      businesses to identify their prod-
    the lawful producer.                                  ucts in trade.

    (German Federal Criminal Agency on white-collar crime 2006)


Nice Appearance. Dark shadows - Fakes endanger health and jobs. S A Y
Alarming numbers
Number of registered cases 2003 - 2013

                                                                                               Source: German Customs Statistics 2013
        25.000

        20.000

        15.000

        10.000

         5.000

            0
                 2003   2004   2005   2006   2007   2008   2009    2010   2011   2012   2013

Increase between 2011 and 2012
The following numbers, published                    cent maximum of the imported
by the German Ministry of Finance,                  counterfeits are detected. The in-
refer to the seizures of counterfeit                crease in seizures of certain health
products by the German customs.                     and safety-relevant products is
It is to be presumed that 10 per-                   particularly alarming.
                                                                                                 Source: GermanCustoms Statistics 2012

     Vehicle parts:                          Increase of 27%

     Medicines:                                      Increase of 47%

     Perfumes and                                    Increase of 47%
     cosmetics:

     Sunglasses and                                               Increase of 132%
     glasses:

                                                                                                                                         
Nice Appearance. Dark shadows - Fakes endanger health and jobs. S A Y
A problem with global impact
         Origin of counterfeits

         F  ake products come from the
            most diverse countries around
         the world. However, the numbers
                                                              years indicate that a lion´s share
                                                              of the counterfeits in Europe origi-
                                                              nated from Asia.
         of European customs in the last

            Countries of provenance according to the            Countries of provenance according to the
                    value of detained goods                            number of detained goods

                   Turkey 4,93%    Others 5,93%
                           Turkey 4,93%                            Taiwan 1,65%    Egypt 2,21%
                                                                           Taiwan 1,65%    Egypt 2,21%
                                           Others 5,93%
United States                                              Switzerland  1,24% 1,24%
                                                                    Switzerland
         United States
1,00% 1,00%                                               AustraliaAustralia
                                                                    1,05% 1,05%
                                                                                      Vietnam 5,17%

                                                                                                      rk tnam 5,17%
                                                                                                                        %

                                                                                                                  %,54%
                                         4%

                                                                                                                 s 6,54
                                                 %
                                                ,84
                                      9,8

                                                                                                               6s36

                                                                                                                 %
                                                g9
                                    ng

                                                                                                       Other

                                                                                                              63
                                                                                                      Other 9,
                                              on
                                  Ko

                                                                                                           9,
                                                                                                      Vieey
                                            K

                                                                                                        ey
                                 ng

                                         ng

                                                                                                     rk
                                                                                                   Tu
                               Ho

                                                                                                  Tu
                                         Ho

                                                                                                                     1%
                                                                                                             ng 12,0      ,01%
                                                                                                      Hong Ko Hong Kong 12

                     China
                        China                                                China
                                                                                China
                     78,30%
                        78,30%                                               60,50%
                                                                                60,50%

                                                                         Source: German Customs Statistics 2012

         Two-thirds of the fakes world-wide
         come from China

         T   he far east still is the region
             where the highest number
                                                              and most severe infringements
                                                              of Intellectual Property Rights

     
Nice Appearance. Dark shadows - Fakes endanger health and jobs. S A Y
© Rainer Sturm / PIXELIO

                                            www.apm.net

are to be observed. Although        ferences between the written
those rights are protected by       law and the legal practice can
the national legislations dif-      be observed.

Counterfeiters
operate in international networks

T  he business with fakes takes
   place on a global scale.
   Because of merging markets,
                                    as improved techniques in pro-
                                    duction facilitate the work of
                                    counterfeiters. They operate in
the lapse of borders and trade      international networks with pro-
barriers and – not at least – the   duction plants in the whole Far
Internet, the problem has gained    East region as well as in parts of
importance both in quality and      Eastern Europe and Turkey. But
quantity.                           the clients and interested parties
   Modern means of transport,       are often located in the industrial
progressive communication and       nations themselves.
information technologies as well

  In 2012 European customs detained

  counterfeit goods worth one billion Euros.

                                     Source: EU Customs Statistics 2012

                                                                                             
Nice Appearance. Dark shadows - Fakes endanger health and jobs. S A Y
NORTH AMERICA                                    EUROP

                           CENTRAL AMERICA                                 AFR

                                 SOUTH AMERICA

     Global trade flows

                 Direct delivery channels

                  Hidden delivery channels

     Commodity flows of fake products

     C   ounterfeit goods often run
         through various ports before
     they reach their final destina-
                                             wrongfully – the container
                                             which should deliver discarded
                                             metal turns out to be an illegal
     tion. The products are declared         shipment of counterfeit ciga-

10
EASTERN EUROPE AND RUSSIA

PE

                               ASIA
RICA

                                            www.apm.net

  rettes – and fake medicines with      Considering more than 400
  destination “Africa” are imported   million container units each year,
  via European ports to bluff au-     this turns out to be a search for
  thorities.                          the needle in the haystack.

                                                                           11
Percentage breakdown
                                                     Number of cases

     Distribution                                 by means of transport
                                                                    Sea 1,83 %

     channels
                                                    Rail 0,03 %       Road 2,11%

     How fakes reach the                                               Express
                                                                       21,84 %
     end consumer                                Post
                                                59,13 %
                                                                          Air

     T  he main gateways for coun-
        terfeit products are sea ports.
     But many fakes also reach Europe
                                                                        15,06 %

     by air freight. In postal delivery,
     huge numbers of small quanti-                Source: German Customs Statistics 2012

     ties are detected. These are often
     deliveries of fake products being
     purchased on the internet via an      Fraud on the
     online-vendor.                        Internet? Reclaim
                                           your money!
     I nternet
       The Internet has changed the
     distribution channels of coun-
     terfeit products fundamentally.       in order to re-offer or to put
     Formerly, fakes were circulated       the products on auction online.
     mainly by professional traders.       This way, counterfeit products,
     Nowadays those traders are            worth several billion Euros, find
     more and more alleged private         their way to consumers via In-
     individuals, who consciously          ternet-vendors and auction
     buy fake products at low prices       platforms world-wide.

              www.apm.net

      © Rainer Sturm / PIXELIO                                © Michael Hirschka / PIXELIO
12
n: means of transport
               Number of articles
              by means of transport                              The distribution
     Express 4,20% Rail 0,44%                            network of counter-
Post 6,26 %
                                                              feiters is well or-
                               Road
                               37,30 %                      ganised. The distri-
        Sea
        22,99%                                             bution channels are
                     Air                                    similar to the ones
                     28,80 %
                                                          of original products.
              Source: German Customs Statistics 2012

      But consumers can defend                           department stores and to retail
    themselves: if a product is be-                      sellers. Right owners may pro-
    ing offered as an original and                       ceed against the booth holders
    later turns out to be counter-                       and have the counterfeit prod-
    feit, the buyer has the right                        ucts seized by customs, the po-
    to return the product and to                         lice or bailiffs. In extreme cases,
    reclaim the price of sale. Even                      the booth may even be left be-
    more, it is possible to file a                       hind void after such a seizure.
    complaint based on fraudulent                           Many trade fair organizers
    behaviour.                                           indicate in their general terms
                                                         and conditions that it is prohib-

    T   rade fairs
        Producers of counterfeits try
    to offer their products at trade
                                                         ited to exhibit products infring-
                                                         ing intellectual property rights
                                                         and doing so may lead to the
    fairs to purchasing agents of                        exclusion from the trade fair.

                                                 © Rainer Sturm / PIXELIO
                                                                                               13
Source: Aktion Plagiarius e.V.

 Big business
 with fake products
 Flask “Sophie”
 Original: alfi Ltd., Wertheim , Imitation: He Shan Jia Hui Vacuum Flask & Vessel Co., Ltd., Guangzhou, P.R. of China

 Where is the difference?

 O    n the left side of the picture
      above you can see the flask
 “Sophie” of the well-known
                                                             uct at first sight but is in fact
                                                             an illicit imitation of the origi-
                                                             nal product. The producer of
 trademark “alfi”. This trademark                            this flask takes advantage of the
 has gained a good reputation                                good reputation for his own pur-
 with consumers over the years                               poses and uses inferior materials
 and stands for quality in pro-                              in order to produce at low costs.
 duction and service. The flask                              He neither offers service, nor
 next to the original on the right                           has he invested in research and
 side seems to be the same prod-                             development.

 Counterfeiters are without scruple, the profit
 margins are immense and the penalties are low

 T   he reason for the fast-growing
     counterfeit criminality is obvi-
 ous: with the trade of counter-
                                                             100.000
                                                                          Sales Price in Euro
                                                                                                       90.000
                                                               80.000
 feit products huge profits can be
                                                               60.000
 obtained – profits, which go far                                              50.000
                                                               40.000
 beyond those generated by sell-
 ing drugs! But whereas drug trad-                             20.000
 ers risk high prison sentences, the
 trade in fake products is not pur-                                           1kg cocaine         1kg fake medicines

 sued that rigorously.                                       Source: Bundesvereinigung Deutscher Apothekerverbände 2008

14
The lower the production costs,
the higher the profit

C    ounterfeiters are not repu-
     table entrepreneurs. To save
costs, the working conditions for
                                    counterfeit as are the product
                                    and its packaging. The exposure
                                    of consumers to several risks
their employees are often de-       is accepted consciously due to
grading and child labour is not     reasons of mere profit. Coun-
uncommon. In the production         terfeiters are part of the world-
process, neither hygiene stan-      wide operating organised crime.
dards nor environmental regula-     Buying fake products supports
tions are maintained. The mate-     illegal activities of these organi-
rials are mostly of poor quality,   sations such as the trade with
there are no quality inspections    drugs and even human traffick-
and even safety certificates are    ing.

Children bending packaging          These workers manufacture make-up articles.
                                    Even simple hygiene precautions are lacking

             Share of costs and profit of the final price

                                                                       Profit
                                                                       Production
                                                                       Research

                                                                                    15
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Quality has its
 price
 Where the
 bargain trap lurks

 W      atches and luxury goods
        are often consciously
 bought as knock-offs. But also
                                      if the hand of the watch bought
                                      as a “special offer” in an auction
                                      falls off after a few days?
 in the field of electronic and
 household products, counter-
 feits are purchased more and
 more consciously. The crucial        Joint damage inclusive
 point for this alarming trend of-
 ten is the price.                    Many counterfeits seem deceit-
    The producers of known trade-     fully genuine, but may cause
 marks invest a lot of money in       severe damages. Other than
 measures of quality control. The     the high-quality original, as
 use of high-quality material         depicted in the example below,
 and an accurate manufacturing        the fake shoe is not suitable for
 guarantee good quality, safe use     jogging: it is neither breathable,
 and a long durability.               nor does it provide the patent-
    When buying counterfeits and      registered shock-absorbing sus-
 cheap imitations, the consumer       pension. Consumers risk a high
 will have to face a rapid dete-      pressure on joints and therefore
 rioration of the product. Poor       health damages.
 manufacturing, the use of low-       This shoe derives from several container shipments
 quality material and the lack of     of fake products of known trademarks, which were
 safety tests may turn a cheap        seized in the port of Hamburg in 2006.

 domestic appliance into a tick-
 ing time bomb which may cost
 the bargain chaser dear.
    Due to the low prices, the
 short life time of these cheap
 products may be something to
 get over. But what is often ig-
 nored is that fake sun glasses
 lack UV protection which may
 lead to irreparable damages of
                                                                           © Michael Arning
 the eyes. And – is it not annoying

18
S AY

                                                                    CO

                                                                                           CTS!
                                                                  UNTER

                                                                                         DU
                                                                         FE
                                                                              IT PRO

                                                        In this picture, only the water boiler is destroyed.
                                                        In your kitchen, a defect appliance may cause far
                                                        greater damages.

Imitation of a water-level, on the left the original,   Imitation of a luxury watch, on the left the original,
on the right the counterfeit.                           on the right the counterfeit.

What are the signs?
  If you are not sure whether                           3. The point of sale
  a product is original or not,                         Is the reputation of the seller at
  the following indications may                         risk? Pay attention when buying
  help:                                                 products via the Internet, on flea
                                                        markets or from mobile traders!
  1. The price
  Attention: Nothing is for free!                       4. The smell
  Low prices always have a rea-                         Dangerous ingredients often
  son. Get the information, what                        give off fumes. If sneakers or
  the product price is normally. If                     toys smell like burnt plastics
  it seems too good to be true, it                      – hands off!!
  probably is!
                                                        5. The packaging
  2. The quality                                        Lacking information or vague
  Are hang-tags, package inserts,                       specifications are one of the
  guarantee- or verification-cer-                       signs for a counterfeit quality.
  tificates missing? Is the packag-
  ing damaged? Then be careful!

                                                                                                                 19
Even car and
     machine parts are
     affected

 E  verything which might be
    possibly put on sale risks
 to be counterfeit. Besides typi-
                                                                 This also concerns products
                                                                 which are rarely consciously
 cal branded goods, even those                                   perceived by consumers in ev-
 products are concerned by now                                   eryday life but which bear a
 where no one has thought yet                                    high risk potential because of
 of the danger of a counterfeit.                                 their important function: Low-

     Upper picture: with the naked eye not to be perceived: The brake pad on the right is counterfeit – with a lack
     in brake action. Below: anti-friction bearing: on the left the original, on the right the fake.

20
Left: original STIHL chain saw, right: counterfeit

                                    Dangerous machines

                                    The EU considers chainsaws
                                    as especially dangerous prod-
                                    ucts, whose safety has to be
                                    confirmed by independent test
quality fakes of brake pads, fast   centres. Counterfeits lack these
turning machine parts or fas-       tests. The user of these products
tening bolts may endanger life      therefore puts his health and
in cases of emergency.              life to incalculable risks.

                                              wwwapm.net

                                      Rims: on the left the original, on the right the fake.

                                                                                               21
Medicines
 The share of fake medicines is growing

 E  very year, people die because
    of fake or adulterated medi-
 cines. Especially people in poor
                                                 of all medicines and pharma-
                                                 ceutical products in world-wide
                                                 trade are counterfeits.
 countries who are in need of

                                                 Strict controls in
                                                 Germany

                                                 B    y adding toxic substances or
                                                      down-graded doses of the ac-
                                                 tive ingredient, counterfeit phar-
                                                 maceuticals pose a severe health
                                                 risk. In both Germany and the EU,
                                                 strong regulations for the trade of
                                                 medicines only available by pre-
                                                 scription exist.
                                                    Fake medicines are often dis-

 medicines to fight diseases like
 Malaria, Tuberculosis or Aids are
 at risk.
   The World Health Organisation
 (WHO) estimates that 10 percent

 Would you trust your health to someone
 who produces medicines under these cir-
 cumstances? In fact, many medicines which
 are offered on markets or in the Internet are
 produced under similar circumstances.

22
© BirgitH / PIXELIO

                              www.apm.net

To protect yourself from fake pharmaceuticals, you
should follow theses rules when buying medication cat-
egorically:
   • Avoid dubios offers on the Internet of so-
         called Life-Style products, e.g. in advertising
         e-mails (spam)
   • Be suspicious if the address of the producer is
         lacking
   • Be careful if a medicine only available by pre-
         scription is offered to you without the need of
         a prescription (also when buying abroad)
   • Pharmacies which ship medicines need a li-
         cence for distance selling according to section
         11a of the German Pharmacy Law. You may
         find further information on www.bvdva.de

                              persed by illegal or dubious web-
                              sites or so-called e-mail spam.
                              Among the most frequent offers
                              are weight loss and potency pills as
                              well as bodybuilding supplements.
                                 In addition those pharmaceuticals
                              are problematic which are offered
                              abroad at low prices to consum-
                              ers. The origin and ingredients of
                              these pharmaceuticals are often
                              dubious.

                                                                        23
Underestimated
     risks and consequences
     Counterfeiting is not a trivial offence

     F   ake medicines and nutrition,
         fake toys and articles for babies
     with dangerous ingredients, eas-
                                             ed with toxic colouring matters,
                                             cigarettes containing heavy met-
                                             als, malfunctioning safety pads or
     ily flammable teddy bears, parts        medical devices: the list of counter-
     for cars, planes or lifts of inferior   feit products which may have dev-
     quality, smoke detectors which do       astating consequences appears to
     not alarm when a fire breakes out,      be endless and makes it clear that
     explosive rechargeable batteries        product and trademark counterfeit-
     for mobile phones, textiles treat-      ing is not at all a trivial offence.

     The damage for the economy

     P    roduct and trademark counter-
          feiting is a global phenomenon
     with consequences for the global
                                             have to identify the needs of their
                                             customers and place new products
                                             on the market at all times in order
     economy.                                to remain competitive. Developing
        If natural resources lack in a       new products and technologies is
     national economy, the plurality of      cost- and time-intensive and has
     ideas and technical innovations de-     to pay off economically.
     riving from these ideas constitutes        Product and trademark counter-
     an economic good of outstand-           feiters take illegitimate advantage
     ing importance. Businesses timely       of these ideas and threaten the

24
existence of many businesses, eco-
nomic growth as well as umpteen             Approximately         70.000
thousands of jobs.                          jobs have been crushed by
The loser:                                  counterfeiting in Germany.
The affected company, the state             The damage for the economy
and not least the consumer.                 is approximately 50 billion
                                            Euros a year.

The crime of counter-                 and attach security features like
                                      holograms provokes high costs
feiting is not without                but does not provide a 100-per-
                                      cent protection. If a business al-
consequences                          ready is a victim of counterfeiters,
                                      it also bears the financial burden

L   osses in revenue and image
    for the trademarks are the two
major problems businesses have
                                      to fight and challenge infringe-
                                      ments – money, which lacks for
                                      investments and the creation of
to face because of counterfeiting.    new jobs.
If consumers take counterfeit
products of inferior quality for
original products, they lose their    The state is
trust in the brand. The more, the
producers of the original might be    concerned as well
held liable for defective products
if these are not identified clearly
as counterfeits.
   To proceed against counterfei-
                                      T  rade in pirated goods goes along
                                         with tax losses for the state.
                                      These losses are partially extensive
ters is cost-intensive: To develop    and ultimately harm everyone.

                                      www.apm.net
                                                            © Rainer Sturm / PIXELIO

                                                                                       25
Rights and facts
 Production and trade is prohibited!

 T  he commercial production of
    and trade in products infring-
 ing intellectual property rights
 is a punishable offence under
 German law. Counterfeit goods
 imported into Germany may be
 seized and destroyed by customs.
 By this means, counterfeit goods
 can be withdrawn from circula-
 tion before entering the market.

 Source: German customs
 Further information on www.ipr.zoll.de

 What are the op-
 tions for the concer-
 ned parties?

 T  he buyer of pirated goods is
    not defenseless against pirated
 goods. He or she does not have to
                                          Legal situation

                                          The distribution and production
 accept the counterfeit product.          of goods infringing intellectual
 He can insist on the delivery of an      property rights is the exclusive
 original product or step back from       right of the right owner and its
 the contract and reclaim the mon-        licensees. Without permission,
 ey paid. Furthermore, it is possible
 to file a complaint for fraudulent
 behaviour.

26
www.apm.net

  Saying “No” to buying counterfeits is saying “Yes” to crime reduc-
  tion! Check the goods you buy and make sure to buy the products
       in safe circumstances, as for example in reputable trade!

 Counterfeits                        Counterfeits steal

 •    are illegal                    •    incomes from the
 •    are mostly of inferior              state
      quality                        •    incomes from busi-
 •    harm us all                         nesses and legitimate
 •    are often dangerous                 trade
 •    support criminal net-          •    jobs from the general
      works                               public

                                               C     S AY
                                            OU

                                                            CTS!
                                            NTER

the production and distribu-                   FE
                                                          DU

tion in the course of business                      IT PRO
is punishable. The maximum
penalty is five years.

                                                                       27
APM´s travel-
     ling exhibition
     “Nice Appearance.
     Dark Shadows.”
                                                                   APM’s travelling exhibition at Stuttgart airport

     O      ne method of APM to raise
            awareness is the travelling
                                                                   for the topic of product- and
                                                                   trademark counterfeiting. The
                                                                   exhibition includes eight theme
                                                                   boards, explaining the problem
                                                                   and its causes and consequenc-
                                                                   es in an informative and insist-
                                                                   ent manner.
                                                                     The visitors are guided by a
                                                                   dramaturgy and leave the exhi-
                                                                   bition with the knowledge that
                                                                   buying counterfeit products ex-
                                                                   poses consumers to incalculable
                                                                   health risks and supports the
                                                                   intrigues of criminal gangs of
                                                                   counterfeiters who cause dam-
     Cooperation with customs during a presentation of             ages to the economy, the state
     the exhibition in Schwedt.
                                                                   and the general public.
     exhibition “Nice Appearance.                                    In the exhibition, impressive
     Dark Shadows.” which has the                                  examples of different branches
     aim of sensitising the visitors                               are shown. Besides goods from
     This collection of counterfeit tissues are provided by the private collection of Christian Rommel and shown in the exhibition

28
The former Federal Minister of Justice, Brigitte
                                    Zypries, at a panel discussion on the occasion of
                                    APM´s 10th anniversary in October 2007.
the textiles and accessory in-
dustries, products of daily use
such as spirits, cigarettes, tis-
sues and cosmetics are exhibit-
ed. The more, special attention
is given to products of security
relevance like drilling machines,
chain saws and safety switches,
but also brake discs and anti-
friction bearings are shown.

The exhibition is available for
rent for related conferences.
For further information, please
contact APM:
                                    Brigitte Zypries under discussion with Dr. Rüdiger
Phone: +49 30 206790-71 or          Stihl, APM honorary chairman.

info@apm.net

                                             www.apm.net

                                                                                         29
© aksel / PIXELIO

                                             www.apm.net

 Contacts
 Further information is provided on the
 following websites:
     German Anti-Counterfeiting        German Customs
     Association                       www.ipr.zoll.de
     www.apm.net                       www.zoll.de

     Federation of German Chambers     Office for the Harmonisation of
     of Industry and Commerce          the Internal Market
     www.dihk.de                       www.oami.europa.eu

     Federation of German Industries   World Intellectual Property
     www.bdi.eu                        Organization (WIPO)
                                       www.wipo.int
     German Brands Association
     www.markenverband.de              Initiative “Plagiarius”
                                       www.plagiarius.com
     German Federal Ministry of
     Justice and Consumer Protection
     www.bmjv.de
                                                  C     S AY
                                               OU

     German Patent and
                                                                 CTS!

     Trademark Office
                                               NTER

     www.dpma.de
                                                               DU

                                                  FE
                                                       IT PRO

30
Imprint

Editor:                           Concept and design:
                                  mixjonuscheit | agentur für live
Aktionskreis gegen Produkt- und
                                  kommunikation gmbh, Hamburg
Markenpiraterie e.V.
                                  www.mixjonuscheit.de
Gertaudenstraße 20
10178 Berlin - Germany            Picture Sources:
                                  APM, pixelio, Michael Arning, Rüdiger
info@apm.net                      Gärtner, Zoll, mixjonuscheit,
www.apm.net                       Aktion Plagiarius e.V.

                                                                          31
C      S AY

                                                               OU

                                                                                   CTS!
United against piracy!

                                                              NTER
                                                                  FE

                                                                               DU
Our members                                                            IT PRO
Initiating association:                            Pharmaceuticals / Chemicals:
Bundesverband der Deutschen Industrie (BDI),       BASF SE, Bayer AG, B. Braun Melsungen AG,
Deutscher Industrie- und Handelskammertag          Boehringer Ingelheim GmbH, Eli Lilly and
(DIHK), Markenverband e.V.                         Company, Merck KGaA, Takeda GmbH

Automotive :                                       Textiles:
AUDI AG, BMW AG, Daimler AG, Honda                 adidas AG, JMS Handels-GmbH & Co. KG,
Motor Europe Ltd., Dr. Ing. h.c. F. Porsche AG,    PRADA S.A., PUMA SE, Willy Bogner GmbH
Volkswagen AG, YAMAHA Motor Europe N.V.            & Co. KGaA

Automotive suppliers:                              Merchandise:
ContiTech Antriebssysteme GmbH, Federal Mogul      Depesche Vertrieb GmbH & Co KG, DFB -
Holding Deutschland GmbH, IWIS Motorsysteme        Wirtschaftsdienste, Harley-Davidson Europe
GmbH & Co. KG, Knorr Bremse AG, Kolbenschmidt      Ltd.
Pierburg AG, LuK GmbH & Co. KG, Robert Bosch
GmbH, Schaeffler Technologies GmbH & Co. KG,       Diverse:
SKF GmbH, WABCO Fahrzeugsysteme GmbH, ZF           B.A.T. British American Tobacco GmbH,
Friedrichshafen AG                                 fischerwerke GmbH & Co. KG, Hansa
                                                   Metallwerke AG, Hansgrohe SE, Imperial
Electronics:                                       Tobacco Ltd., Neoperl GmbH, OCTANORM-
Alfred Kärcher GmbH & Co. KG, Andreas              Vertriebs-GmbH, Philip Morris GmbH, RAL
Stihl AG & Co. KG, Apple Inc., Electrostar         Deutsches Institut für Gütesicherung und
GmbH, Festo AG & Co. KG, Hager Electro             Kennzeichnung e. V., Reisenthel Accessoires,
S.A.S., Karl Storz GmbH & Co. KG, Kendrion         Schwan-STABILO Schwanhäußer GmbH &
N.V., Maschinenfabrik Reinhausen GmbH,             Co. KG, Thomas Sabo GmbH & Co. KG, TÜV
Microsoft Deutschland GmbH, Pilz GmbH &            Rheinland Group, TÜV Markenverbund e. V.,
Co. KG, Semikron Elektronik GmbH & Co.             Villeroy & Boch AG , WMF Württembergische
KG, Sennheiser electronic GmbH & Co. KG,           Metallwaren Fabrik AG
Siemens AG, Telegärtner Karl Gärtner GmbH

Cosmetics :
Coty Prestige Lancaster Group GmbH,
Beiersdorf AG, L‘Oréal Deutschland GmbH,
Wella AG                                                                  Published in June 2014

Aktionskreis gegen Produkt- und Markenpiraterie e.V.
German Anti-Counterfeiting Association

Gertraudenstraße 20
10178 Berlin
Germany
info@apm.net
www.apm.net                                                                           3rd edition
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