Counterfeiting
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Counterfeiting is a breach of the holder's rights by manufacture, use or putting into circulation, without permission, of the object protected by the title of protection, or any other violation of rights conferred by the title of protection.
In other words, counterfeiting is an illegal activity of production and sale of certain goods that imitate an original product, protected by trademark, design (outward appearance) or patent for invention, with the intent to deceive the buyer by accepting this product as original.
In most cases, there are counterfeited products protected by trademark. Under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) "counterfeit trademark goods" shall mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark.
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What is the economic impact from the sale of counterfeit goods?
Annually, on a global scale are produced counterfeit goods to hundreds of billions of dollars. According to experts' estimations, counterfeit products are 5-7% of international trade (about U.S. $ 500 billion annually).
A European Commission report on customs interventions assigns to RM the fourth place among the countries of origin of counterfeit goods arriving in Europe, accounting for about 2% of the total volume of goods seized at the border.
Counterfeiting is an intellectual theft that causes losses of hundreds of thousands of jobs, tax evasions, etc.
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What are the risks associated with counterfeiting?
Counterfeit and pirated goods are manufactured without being subject to controls by the competent authorities and do not meet the minimum quality standards. In most cases, counterfeit product does not meet the expected quality for the cost paid.
Some goods can directly affect health, such as counterfeit medicines or consumption of counterfeit (fake) beverages.
About 30% of detected counterfeit medicines contain no active substance and 20% contain different proportions of active ingredients than those announced. About 20% of products contain unsuitable ingredients, and 9% - impurities and/or harmful substances.
Also, your security may be affected by the use of counterfeit machine parts which usually do not meet quality standards. This considerably increases the risk of accidents caused by technical failure of the transport facility.
Your children's health may be adversely affected by contact with toys made of materials that may contain dangerous levels of harmful substances.
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What categories of goods are most often counterfeited?
The most often counterfeited are:
- clothes and footwear, especially for sports;
- bags, watches, electrical appliances;
- medicines, perfumes, detergents;
- toys;
- food and beverages, particularly expensive ones;
- machine parts, for example, brake pads;
- furniture and decor items, etc.
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How to identify counterfeit products in relation to the original?
For details see "Consumer Guide" on this site.
You can also consult the section "Tips for Consumers" which can be accessed on the homepage of the Consumer Protection Agency ( http://www.ssm.gov.md/ )
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What are the legal penalties faced by those involved in selling counterfeit goods?
Under the applicable legislation, in the Republic of Moldova acts of counterfeiting and piracy are crimes and are punishable by imprisonment or fine.
Legislation of the Republic of Moldova provides penalties for individuals and economic agents who violate the rights of holders on intellectual property objects (trademark, design or invention):
According to Article 1852 of the Criminal Code of the Republic of Moldova "Violation of the Right to Industrial Property", "Counterfeiting actions committed by a natural person shall be punished by a fine in the amount of 800 to 1000 conventional units or by community service for 180 to 240 hours, whereas a legal entity shall be punished by a fine in the amount of 3500 to 5000 conventional units with the deprivation of the right to practice certain activities for 1 to 5 years".
If the actions are committed:
- by two or more persons;
- by an organized criminal group or by a criminal organization;
- through physical or mental coercion;
- on an especially large scale;
these persons "shall be punished by a fine in the amount of 3000 to 5000 conventional units or by imprisonment for 3 to 5 years, whereas a legal entity shall be punished by a fine in the amount of 7000 to 10,000 conventional units with the deprivation of the right to practice certain activities for 1 to 5 years or by the liquidation of the legal entity".
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Who can you call if you discovered that you were proposed counterfeit goods?
Call the specialized body of the Government of the Republic of Moldova, Consumer Protection Agency, which can be contacted:
Hotline: +373 22 741-464
Green Line: 0800 28 028 (free call)
Electronic mail (e-mail): [email protected]
Address: 28, Coca str., Chisinau, Republic of Moldova
