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By Mark DaCosta-Whenever the average Guyanese encounters the word “counterfeit,” currency usually comes to mind – fake money. While it is known that fake money is a problem, Guyanese may have a bigger matter to worry about: the matter of counterfeit consumer products. This short series of articles will examine this costly, unfair, damaging and dangerous problem. A problem that can even be a serious threat to the health, wellbeing, and lives of citizens.
Counterfeit consumer goods are called counterfeit and fraudulent, suspect items (CFSI) by experts. One should remember that name and abbreviation because it will be used again. CFSI are goods, often of poor quality, made and offered for sale under a brand name without the brand owner’s authorisation. Sellers of such goods may infringe on either the trademark, copyright or patent of the brand owner by “passing off” its goods as made by the brand owner. In any case, the practice is generally illegal even if no trademark, copyright or patent is involved.
Guyanese sometimes refer to such products as knockoffs. However, most people who study such matters say that a knockoff is somewhat different from counterfeit. Knockoff products are those that copy or imitate the physical appearance of other products, but which do not copy the brand name or logo of a trademark. They may still be illegal under trademark and copyright laws if they confuse consumers or violate patents. But, knockoffs do not misrepresent themselves as original brands. On the other hand counterfeits (CFSI) deliberately and knowingly try to trick consumers into believing that the customers are buying the original brand name product.
CFSI may be an enormous problem in Guyana. (While this article – for legal reasons – hesitates to be definitive – citizens may make their own judgements about the extent of the problem locally). This publication posits that counterfeiting of consumer goods may, currently, be a bigger problem than the People’s Progressive Party (PPP) government way want to admit.
This publication is aware of Guyanese who have claimed to be victims of counterfeiters.
Some citizens have said to this publication that they have purchased items such as bleach (probably water), disinfectant (unusual smell), superglue (empty tube), insect repellent (probably mostly water) disposable razors (didn’t work at all) dry cell batteries (apparent inactive core covered by the label), and even medicines (didn’t work as expected, or had an unusual taste) that turned out to be obvious fakes. Currently this publication is aware of a person who is – right now – recovering from apparent chemical burns to the armpit area after using a supposedly brand-name deodorant purchased from a vendor. It should be noted that the person always uses that same brand. In this instance, one may reasonably surmise that the product is a fake that may contain harmful ingredients.
In summary, it is the position of this publication – based on observations and anecdotal evidence – that Guyana has a consumer item counterfeiting problem. Further, evidence suggests that the issue is one that could affect the wellbeing of Guyanese. As such, it is a matter about which citizens should be aware, and authorities should be concerned.
If, in fact, personal care items such as deodorant, and medications are being counterfeited and may affect the quality of lives of citizens, everybody should be worried.
Finally, as Guyana becomes increasingly well known as an oil producing country with a growing economy, could it be expected that international counterfeiters will target Guyanese more intensively? One may reasonably think so.
In Part II of this series of articles, the extent of the counterfeiting problem on the international level will be examined.
