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Home Feature

The dangerous issue of counterfeit goods – Part III

Admin by Admin
September 22, 2023
in Feature
Kalamaras Law Office Photo

Kalamaras Law Office Photo

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By Mark DaCosta- Counterfeit consumer goods is any product offered for sale under the name of a brand, when, in fact, it was not produced by that brand. Such items include tangible items such as clothing, medicines, or beauty products, but counterfeit consumer goods can also be reproductions of music, art, works of creative writing, and other intellectual property.

In this, the third and final article of this series, a few final points will be noted.

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An important point that was not previously emphasised is the fact that consumers are sometimes complicit in the harmful practice of facilitating counterfeiting. That is, a consumer may know fully well that they are purchasing 

pirated music – for which the artist will not be paid, or a photocopied book for which the author will not get any benefit – but the consumer may buy it anyway. And although one fully understands that Guyanese are struggling to make ends meet under an uncaring People’s Progressive Party (PPP) regime, and consumers are watching every dollar, and pirated goods are less expensive than the genuine item, the fact that the practice is wrong does not change. 

Perhaps, instead of supporting the counterfeit goods market, Guyanese may use our resources to pressure the PPP regime to enact policies that will result in lower prices for genuine items. Such an approach would be in everyone’s interest. For one thing, counterfeits are almost never as good as the real thing. 

Consumer experts agree that product counterfeiting has the following serious effects, among others:

  • Stealing sales from genuine brands by undercutting prices

  • Damaging authentic brands’ reputation

  • Leaving reputable companies to deal with the fallout of counterfeits when customers are not happy 

  • Harming the long-term trust built with business partners and consumers 

  • Forcing brands to spend time and money fighting fakes, thereby raising prices of genuine items 

In conclusion, consumer product counterfeiting harms everyone in the long term. 

In closing, Guyanese should take note of the following statement made by the US Department of Homeland Security:

Some of the most dangerous counterfeit products involve automotive parts, electronics, safety equipment, prescription drugs, and cosmetics due to the potential threats they present to public safety and public health:

  • Counterfeit airbags and their components can cause severe malfunctions ranging from non-deployment, under inflation, over inflation to explosion of metal shrapnel during deployment in a crash.

  • Counterfeit lithium-ion laptop batteries pose significant risk of extreme heat, self-igniting, and exploding.

  • Counterfeit helmets and baby carriers can break.

  • Counterfeit prescription drugs may not contain the active ingredient or could lead to accidental overdose.

  • Counterfeit cosmetics can cause severe skin reactions.

These counterfeit goods usually bear the trademark of a legitimate and trusted brand, but they were produced by another party and are not made to the specifications of the original manufacturer. They’re often produced illegally and sold at a profit to fund other criminal activities. This makes the production and trafficking of counterfeit goods a transnational crime, commonly linked to transnational criminal organisations (TCOs). All things considered, Guyanese may be well advised to be alert and vigilant when purchasing any product, and avoid knowingly supporting the trade in counterfeit goods. 

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