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Nice Appearance. Dark shadows.Fakes endanger health and jobs.
The potency pill was fake.Only the side effects were real.
SAY
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UN
T E R F E I T
P ROD
UC
TS!
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AZ_APM_EN_RZ.pdf 1 19.06.14 16:43
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Yours
Volker BartelsChairman of the Board, APM
effective liability of the seller do not exist. Nor is there an expert service available. In addition, the production of fake goods often takes place under inhumane conditions – even child labour can be encountered time and again.
The counterfeiters do not care. They are making high profits while running a low risk. Very often they are acting within the global networks of organized crime. Its activities are co-fi-nanced indirectly through the purchase of fake goods.
This brochure is intended to help comprehend the severe glo-bal social and economic impact caused by product- and trade-mark piracy. The information of the consumer provides a valu-able contribution to reduce the demand for counterfeit products.
Foreword
Product- and Trade-
mark Counterfeiting is
not a trivial offence
You are holding in your hands the current information
brochure of the German Anti-Counterfeiting Association APM (“Aktionskreis gegen Produkt- und Markenpiraterie e.V.”). Its purpose is to provide you with background information regard-ing the production and trade in fake goods.
Product- and trademark piracy is a worldwide rampant problem, causing massive damage to the society as a whole. Innovative businesses suffer significant losses of sales and damages to their reputation through the counterfeiting of their products. The state is losing tax income on a multi-billion Euro scale, money that cannot be spent elsewhere. Consumers are equally affected. Many have already purchased a fake product unintentionally. These products often turn out to be of low quality and in the 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 manufacturer’s warranty and an
�
Content
Foreword p. 3
The German Anti-Counterfeiting Association – APM p. 4
What is the value of IntellectualProperty? p. 4
Statement of the Federal Minister of Justice and Consumer Protection p. 5
Product and Trademark Counterfeiting p. 6
A problem with global impact p. 8
Distribution channels p. 12
The big business with fake trademarks p. 14
Quality has its price p. 18
Medicines p. 22
Underestimated risks and consequences p. 24
Rights and Facts p. 26
APM‘s travelling exhibition p. 28
Contacts p. 30
Register of members p. 32
www.apm.net
fective protection of intellectual property. APM – as it is commonly known – is a joint initiative of the 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.
The APMTogether in the fight against counterfeits
The German Anti-Counterfeit-ing Association was founded in
1997 as the leading interbranch association engaging in an ef-
Germany is a country with lim-ited natural resources, a “na-
tion of poets and philosophers”,
What is the value of Intellectual Property?
an export champion, a country of “hidden champions”. Therefore, Intellectual Property and its pro-tection is of particular interest. Germany is more dependent than others on the creativity and in-ventiveness of its businesses.
According to a survey (of 800 companies) by the communica-tion agency fischer Appelt, inno-vation, inventive talent, research, and development are the most frequently named qualities which most effectively face times of cri-ses.But what is the appeal for busi-nesses to invest in research and development, if its results and in-novations are not protected? That is why respect for Intellectual Property is essential. Intellectual Property provides competitiveness and progress. Intellectual Property is the asset of a knowledge-based and future-oriented society.
�
piracy can only be achieved through joint efforts of industry and politics. The Federal Gov-ernment is aware of the funda-mental importance of industrial property rights for Germany as an industrial location and for the preservation of jobs in in-novation-intensive industries. It is, therefore, expressly advocat-ing for a legal framework which ensures an effective protection against product and trade mark piracy. In so doing, the German Anti-Counterfeiting Association (APM) is perceived as an impor-tant interface to German busi-nesses. Its work serves an inter-est of the society as a whole and receives my full endorsement.”
Heiko MaasFederal Minister of Justice and Consumer Protection
“Product and trade mark piracy is a growing threat for Germany as an innovation-driven industrial location. Alongside the affected companies, the consumers are those who suffer. Due to an in-creasing professionalism of the counterfeiters, there is a growing risk for consumers of purchas-ing a fake product unintention-ally. Those who buy will get a product that does not in most cases meet their legitimate ex-pectations about quality, safety of use and an ethical manufac-ture. In order to counteract, the German Anti-Counterfeiting As-sociation (APM) is rendering a valuable educational work with its travelling exhibition “Nice 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.Sustainable progress in the fight against product and trade mark
Heiko Maas
Federal Minister of Justice and and Consumer Protection
Statement of the Federal Minister of Justice and Consumer Protection Mr Heiko Maas:
Pict
ure:
Fra
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Product-and Trademark CounterfeitingThe cancer of globalization
besides luxuries. May it be deter-gents, ball-pens, tissues, tools, car spare parts or medicines – every-thing is copied where there is a customer.
Approximately � to 7 percent of world trade are generated by dealing with counterfeit pro-ducts. A “business model” which has already crushed 70.000 jobs in Germany.
Product piracy is the illicit imi-tation and reproduction of goods protected by rights of innovation-, design- and procedural rights of the lawful producer.
Trademark piracy is the illicit use of signs, trademarks, logos and trade names which are used by businesses to identify their prod-ucts in trade.
(German Federal Criminal Agency on white-collar crime 2006)
What it is about
Product- and Trademark Coun-terfeiting is regarded as one
of the most serious white-col-lar crimes of our times. And the problem is coming to ever grow-ing dimensions. The damage for the state and economy amounts up to �0 billion Euros annually alone in Germany…with a grow-ing tendency!
Nowadays goods of daily use as well as security-relevant goods are in the focus of counterfeiters
6
Increase between 2011 and 2012The following numbers, published by the German Ministry of Finance, refer to the seizures of counterfeit products by the German customs. It is to be presumed that 10 per-
cent maximum of the imported counterfeits are detected. The in-crease in seizures of certain health and safety-relevant products is particularly alarming.
Alarming numbersNumber of registered cases 200� - 201�
Increase of 27%
Increase of 47%
Increase of 47%
Increase of 132%
Vehicle parts:
Medicines:
Perfumes and cosmetics:
Sunglasses and glasses:
0
5.000
10.000
15.000
20.000
25.000
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Sour
ce: G
erm
anCu
stom
s St
atis
tics
2012
Sour
ce: G
erm
an C
usto
ms
Stat
istic
s 20
1�
�
A problem with global impact
Origin of counterfeits
and most severe infringements of Intellectual Property Rights
Two-thirds of the fakes world-wide
come from China
years indicate that a lion´s share of the counterfeits in Europe origi-nated from Asia.
China78,30%
United States1,00%
Turkey 4,93% Others 5,93%
Hong
Kon
g 9,
84%
Australia 1,05% Switzerland 1,24%
China60,50%
Taiwan 1,65% Egypt 2,21%
Viet
nam
5,1
7%
Othe
rs 6
,54%
Tu
rkey 9
,63%
Hong Kong 12,01%
Fake products come from the most diverse countries around
the world. However, the numbers of European customs in the last
The far east still is the region where the highest number
Countries of provenance according to the value of detained goods
Countries of provenance according to the number of detained goods
Source: German Customs Statistics 2012
China78,30%
United States1,00%
Turkey 4,93% Others 5,93%
Hong
Kon
g 9,
84%
Australia 1,05% Switzerland 1,24%
China60,50%
Taiwan 1,65% Egypt 2,21%
Viet
nam
5,1
7%
Othe
rs 6
,54%
Tu
rkey 9
,63%
Hong Kong 12,01%
8
as improved techniques in pro-duction facilitate the work of counterfeiters. They operate in international networks with pro-duction plants in the whole Far East region as well as in parts of Eastern Europe and Turkey. But the clients and interested parties are often located in the industrial nations themselves.
Counterfeiters
operate in international networks
www.apm.net
© Rainer Sturm / PIXELIO
The business with fakes takes place on a global scale. Because of merging markets,
the lapse of borders and trade barriers and – not at least – the Internet, the problem has gained importance both in quality and quantity.
Modern means of transport, progressive communication and information technologies as well
are to be observed. Although those rights are protected by the national legislations dif-
ferences between the written law and the legal practice can be observed.
In 2012 European customs detained
counterfeit goods worth one billion Euros.
Source: EU Customs Statistics 2012
9
ASIAAFRICA
SOUTH AMERICA
NORTH AMERICA
EASTERN EUROPE AND RUSSIA
EUROPE
CENTRAL AMERICA
Commodity flows of fake products
wrongfully – the container which should deliver discarded metal turns out to be an illegal shipment of counterfeit ciga-
Direct delivery channels
Hidden delivery channels
Counterfeit goods often run through various ports before
they reach their final destina-tion. The products are declared
Global trade flows
10
ASIAAFRICA
SOUTH AMERICA
NORTH AMERICA
EASTERN EUROPE AND RUSSIA
EUROPE
CENTRAL AMERICA
www.apm.net
rettes – and fake medicines with destination “Africa” are imported via European ports to bluff au-thorities.
Considering more than �00 million container units each year, this turns out to be a search for the needle in the haystack.
11
Distribution channelsHow fakes reach the
end consumer
© Rainer Sturm / PIXELIO © Michael Hirschka / PIXELIO
www.apm.net
Fraud on the Internet? Reclaim your money!
in order to re-offer or to put the products on auction online. This way, counterfeit products, worth several billion Euros, find their way to consumers via In-ternet-vendors and auction platforms world-wide.
Source: German Customs Statistics 2012
The main gateways for coun-terfeit products are sea ports.
But many fakes also reach Europe by air freight. In postal delivery, huge numbers of small quanti-ties are detected. These are often deliveries of fake products being purchased on the internet via an online-vendor.
InternetThe Internet has changed the
distribution channels of coun-terfeit products fundamentally. Formerly, fakes were circulated mainly by professional traders. Nowadays those traders are more and more alleged private individuals, who consciously buy fake products at low prices
Post 6,26 %
Express 4,20% Rail 0,44%
Road37,30 %
Air28,80 %
Sea22,99%
Post59,13 %
Air15,06 %
Express21,84 %
Road 2,11%Sea 1,83 %
Rail 0,03 %
Number of cases by means of transport
Percentage breakdown: means of transport
12
But consumers can defend themselves: if a product is be-ing offered as an original and later turns out to be counter-feit, the buyer has the right to return the product and to reclaim the price of sale. Even more, it is possible to file a complaint based on fraudulent behaviour.
Trade fairsProducers of counterfeits try
to offer their products at trade fairs to purchasing agents of
The distribution network of counter-
feiters is well or-ganised. The distri-bution channels are similar to the ones
of original products.
© Rainer Sturm / PIXELIO© Michael Hirschka / PIXELIO
department stores and to retail sellers. Right owners may pro-ceed against the booth holders and have the counterfeit prod-ucts seized by customs, the po-lice or bailiffs. In extreme cases, the booth may even be left be-hind void after such a seizure.
Many trade fair organizers indicate in their general terms and conditions that it is prohib-ited to exhibit products infring-ing intellectual property rights and doing so may lead to the exclusion from the trade fair.
Source: German Customs Statistics 2012
Post 6,26 %
Express 4,20% Rail 0,44%
Road37,30 %
Air28,80 %
Sea22,99%
Post59,13 %
Air15,06 %
Express21,84 %
Road 2,11%Sea 1,83 %
Rail 0,03 %
Number of articles by means of transport
Percentage breakdown: means of transport
13
Flask “Sophie” Original: alfi Ltd., Wertheim , Imitation: He Shan Jia Hui Vacuum Flask & Vessel Co., Ltd., Guangzhou, P.R. of China
Big business with fake products
Where is the difference?
Source: Aktion Plagiarius e.V.
Counterfeiters are without scruple, the profit
margins are immense and the penalties are low
Sales Price in Euro
Source: Bundesvereinigung Deutscher Apothekerverbände 2008
On the left side of the picture above you can see the flask
“Sophie” of the well-known trademark “alfi”. This trademark has gained a good reputation with consumers over the years and stands for quality in pro-duction and service. The flask next to the original on the right side seems to be the same prod-
The reason for the fast-growing counterfeit criminality is obvi-
ous: with the trade of counter-feit products huge profits can be obtained – profits, which go far beyond those generated by sell-ing drugs! But whereas drug trad-ers risk high prison sentences, the trade in fake products is not pur-sued that rigorously.
uct at first sight but is in fact an illicit imitation of the origi-nal product. The producer of this flask takes advantage of the good reputation for his own pur-poses and uses inferior materials in order to produce at low costs. He neither offers service, nor has he invested in research and development.
100.000
50.000
80.000
60.000
20.000
40.000
90.000
1kg cocaine 1kg fake medicines
1�
The lower the production costs,
the higher the profit
Children bending packaging
Counterfeiters are not repu-table entrepreneurs. To save
costs, the working conditions for their employees are often de-grading and child labour is not uncommon. In the production process, neither hygiene stan-dards nor environmental regula-tions are maintained. The mate-rials are mostly of poor quality, there are no quality inspections and even safety certificates are
These workers manufacture make-up articles.
Even simple hygiene precautions are lacking
counterfeit as are the product and its packaging. The exposure of consumers to several risks is accepted consciously due to reasons of mere profit. Coun-terfeiters are part of the world-wide operating organised crime. Buying fake products supports illegal activities of these organi-sations such as the trade with drugs and even human traffick-ing.
Share of costs and profit of the final price
Profit
Production
Research
1�
Measurable ROIOnline brand protection by MarkMonitor
Take a glance at practical examplesWhat companies can save by implementing online brand protection
A jewellery maker reported…
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50% more traffic on his web site – no additional advertising costs
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A leading footwear company...
... recovered about 6 million euros through eliminating roughly 615,000 online listings offering fake goods.
A consumer electronics manufacturer...
... enjoyed estimated returns of 7 million euros by removing over 35,000 counterfeit listings off the Internet.
A travel and hospitality company...
...increased its revenue by 17 million euros after enforcing its policies on 425 sales partner web sites.
More than half the Fortune 100 trust MarkMonitor to protect their brands online.
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New GeNeRIc TOp-LeveL DOMAINS (GTLD) cOMING OuTWith over 600 new gTLDs to be launched over the next three years, every brand needs a strategy to address them. No company can afford to register every key brand term in every new extension. You should rather monitor the expanded Internet namespace for brand abuse.
MAke DOMAIN SecuRITy A pRIORITyHackers and hacktivists are hijacking domains with more frequency, redirecting or taking down sites altogether. Be sure to employ multiple layers of protection.
pROTecT yOuR DIGITAL cONTeNTBrandjackers impersonate brands with lookalike sites—and lookalike apps—to lure traffic, confuse customers and drive up digital marketing costs. Make sure you cover all your channels with online brand protec-tion – including social networks or hot apps.
cuT-OFF The pIRATeS’ ReveNue STReAMPirate sites rely upon ad revenues—and unwitting advertisers—to fund their illicit endeavors. Collaborate with advertising networks and exchanges as well as payment providers to identify and remove ads hosted on pirate sites.
MORe eFFIcIeNT eNFORceMeNTTechnology enables you to scale your enforcement efforts and gain greater efficiencies. This technology-centric strategy speeds up your investigations, maximizes the effectiveness of your legal strategies and produces greater ROI from your litigation investments.
uSe BIG DATAWhat is driving your customers to counterfeit goods? Use the data gen-erated by your brand protection program to understand the market gaps and fill that need proactively to capitalize on consumer demand.
Strategy 2014Tips for your online brand protection
www.markmonitor.com
Office Germany | Barthstr. 4, 80339 Munich | Tel.: +49 (0) 89 547 56 0
www.markmonitor.com
Advertisement
Measurable ROIOnline brand protection by MarkMonitor
Take a glance at practical examplesWhat companies can save by implementing online brand protection
A jewellery maker reported…
41% less costs per click for sponsored links
50% more traffic on his web site – no additional advertising costs
17% higher online sales
A leading footwear company...
... recovered about 6 million euros through eliminating roughly 615,000 online listings offering fake goods.
A consumer electronics manufacturer...
... enjoyed estimated returns of 7 million euros by removing over 35,000 counterfeit listings off the Internet.
A travel and hospitality company...
...increased its revenue by 17 million euros after enforcing its policies on 425 sales partner web sites.
More than half the Fortune 100 trust MarkMonitor to protect their brands online.
See what we can do for you.
Ask for more information for your online brand protection strategy
New GeNeRIc TOp-LeveL DOMAINS (GTLD) cOMING OuTWith over 600 new gTLDs to be launched over the next three years, every brand needs a strategy to address them. No company can afford to register every key brand term in every new extension. You should rather monitor the expanded Internet namespace for brand abuse.
MAke DOMAIN SecuRITy A pRIORITyHackers and hacktivists are hijacking domains with more frequency, redirecting or taking down sites altogether. Be sure to employ multiple layers of protection.
pROTecT yOuR DIGITAL cONTeNTBrandjackers impersonate brands with lookalike sites—and lookalike apps—to lure traffic, confuse customers and drive up digital marketing costs. Make sure you cover all your channels with online brand protec-tion – including social networks or hot apps.
cuT-OFF The pIRATeS’ ReveNue STReAMPirate sites rely upon ad revenues—and unwitting advertisers—to fund their illicit endeavors. Collaborate with advertising networks and exchanges as well as payment providers to identify and remove ads hosted on pirate sites.
MORe eFFIcIeNT eNFORceMeNTTechnology enables you to scale your enforcement efforts and gain greater efficiencies. This technology-centric strategy speeds up your investigations, maximizes the effectiveness of your legal strategies and produces greater ROI from your litigation investments.
uSe BIG DATAWhat is driving your customers to counterfeit goods? Use the data gen-erated by your brand protection program to understand the market gaps and fill that need proactively to capitalize on consumer demand.
Strategy 2014Tips for your online brand protection
www.markmonitor.com
Office Germany | Barthstr. 4, 80339 Munich | Tel.: +49 (0) 89 547 56 0
www.markmonitor.com
Quality has its priceWhere the
bargain trap lurks
Watches and luxury goods are often consciously
bought as knock-offs. But also in the field of electronic and household products, counter-feits are purchased more and more consciously. The crucial point for this alarming trend of-ten is the price.
The producers of known trade-marks invest a lot of money in measures of quality control. The use of high-quality material and an accurate manufacturing guarantee good quality, safe use and a long durability.
When buying counterfeits and cheap imitations, the consumer will have to face a rapid dete-rioration of the product. Poor manufacturing, the use of low-quality material and the lack of safety tests may turn a cheap 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 the eyes. And – is it not annoying
Joint damage inclusive
Many counterfeits seem deceit-fully genuine, but may cause severe damages. Other than the high-quality original, as depicted in the example below, the fake shoe is not suitable for jogging: it is neither breathable, nor does it provide the patent-registered shock-absorbing sus-pension. Consumers risk a high pressure on joints and therefore health damages.
This shoe derives from several container shipments of fake products of known trademarks, which were seized in the port of Hamburg in 2006.
if the hand of the watch bought as a “special offer” in an auction falls off after a few days?
© Michael Arning
18
In this picture, only the water boiler is destroyed.
In your kitchen, a defect appliance may cause far
greater damages.
What are the signs?If you are not sure whether a product is original or not, the following indications may help:
1. The priceAttention: Nothing is for free! Low prices always have a rea-son. Get the information, what the product price is normally. If it seems too good to be true, it probably is!
2. The qualityAre hang-tags, package inserts, guarantee- or verification-cer-tificates missing? Is the packag-ing damaged? Then be careful!
Imitation of a water-level, on the left the original,
on the right the counterfeit.
3. The point of saleIs the reputation of the seller at risk? Pay attention when buying products via the Internet, on flea markets or from mobile traders!
4. The smellDangerous ingredients often give off fumes. If sneakers or toys smell like burnt plastics – hands off!!
5. The packagingLacking information or vague specifications are one of the signs for a counterfeit quality.
Imitation of a luxury watch, on the left the original,
on the right the counterfeit.
SAYCOU
NTE R F E I T P RODU
CTS
!
19
Even car and
machine parts are
affected
This also concerns products which are rarely consciously perceived by consumers in ev-eryday life but which bear a high risk potential because of their important function: Low-
Everything which might be possibly put on sale risks
to be counterfeit. Besides typi-cal branded goods, even those products are concerned by now where no one has thought yet of the danger of a counterfeit.
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
wwwapm.net
Dangerous machines
The EU considers chainsaws as especially dangerous prod-ucts, whose safety has to be confirmed by independent test centres. Counterfeits lack these tests. The user of these products therefore puts his health and life to incalculable risks.
quality fakes of brake pads, fast turning machine parts or fas-tening bolts may endanger life in cases of emergency.
Rims: on the left the original, on the right the fake.
Left: original STIHL chain saw, right: counterfeit
21
Medicines
The share of fake medicines is growing
of all medicines and pharma-ceutical products in world-wide trade are counterfeits.
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.
medicines to fight diseases like Malaria, Tuberculosis or Aids are at risk.
The World Health Organisation (WHO) estimates that 10 percent
Strict controls in
Germany
Every year, people die because of fake or adulterated medi-
cines. Especially people in poor countries who are in need of
By 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-
22
www.apm.net
© BirgitH / PIXELIO
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 lackingBe 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.
2�
Counterfeiting is not a trivial offence
Product and trademark counter-feiting is a global phenomenon
with consequences for the global economy.
If natural resources lack in a national economy, the plurality of ideas and technical innovations de-riving from these ideas constitutes an economic good of outstand-ing importance. Businesses timely
Underestimated risks and consequences
Fake medicines and nutrition, fake toys and articles for babies
with dangerous ingredients, eas-ily flammable teddy bears, parts for cars, planes or lifts of inferior quality, smoke detectors which do not alarm when a fire breakes out, explosive rechargeable batteries for mobile phones, textiles treat-
have to identify the needs of their customers and place new products on the market at all times in order to remain competitive. Developing new products and technologies is cost- and time-intensive and has to pay off economically.
Product and trademark counter-feiters take illegitimate advantage of these ideas and threaten the
The damage for the economy
ed with toxic colouring matters, cigarettes containing heavy met-als, malfunctioning safety pads or medical devices: the list of counter-feit products which may have dev-astating consequences appears to be endless and makes it clear that product and trademark counterfeit-ing is not at all a trivial offence.
24
Losses in revenue and image for the trademarks are the two
major problems businesses have to face because of counterfeiting. If consumers take counterfeit products of inferior quality for original products, they lose their trust in the brand. The more, the producers of the original might be held liable for defective products if these are not identified clearly as counterfeits.
To proceed against counterfei-ters is cost-intensive: To develop
The crime of counter-
feiting is not without
consequences
and attach security features like holograms provokes high costs but does not provide a 100-per-cent protection. If a business al-ready is a victim of counterfeiters, it also bears the financial burden to fight and challenge infringe-ments – money, which lacks for investments and the creation of new jobs.
www.apm.net
The state is
concerned as well
Trade in pirated goods goes along with tax losses for the state.
These losses are partially extensive and ultimately harm everyone.
Approximately �0.000 jobs have been crushed by counterfeiting in Germany. The damage for the economy is approximately 50 billion Euros a year.
existence of many businesses, eco-nomic growth as well as umpteen thousands of jobs. The loser: The affected company, the state and not least the consumer.
© Rainer Sturm / PIXELIO
25
The 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?
The buyer of pirated goods is not defenseless against pirated
goods. He or she does not have to accept the counterfeit product. He can insist on the delivery of an original product or step back from the contract and reclaim the mon-ey paid. Furthermore, it is possible to file a complaint for fraudulent behaviour.
Rights and factsProduction and trade is prohibited!
Legal situation
The distribution and production of goods infringing intellectual property rights is the exclusive right of the right owner and its licensees. Without permission,
26
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 steal
incomes from the stateincomes from busi-nesses and legitimate tradejobs from the general public
•
•
•
Counterfeits
are illegalare mostly of inferior qualityharm us allare often dangeroussupport criminal net-works
••
•••
www.apm.net
the production and distribu-tion in the course of business is punishable. The maximum penalty is five years.
SAYCOU
NTE
R F E I T P RODUC
TS!
27
One method of APM to raise awareness is the travelling
APM’s travelling exhibition at Stuttgart airport
This collection of counterfeit tissues are provided by the private collection of Christian Rommel and shown in the exhibition
APM´s travel-ling exhibition“Nice Appearance.
Dark Shadows.”
exhibition “Nice Appearance. Dark Shadows.” which has the aim of sensitising the visitors
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-ages to the economy, the state and the general public.
In the exhibition, impressive examples of different branches are shown. Besides goods from
Cooperation with customs during a presentation of the exhibition in Schwedt.
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APM’s travelling exhibition at Stuttgart airport
This collection of counterfeit tissues are provided by the private collection of Christian Rommel and shown in the exhibition
Brigitte Zypries under discussion with Dr. Rüdiger Stihl, APM honorary chairman.
www.apm.net
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:
Phone: +�9 �0 206790-71 or [email protected]
The former Federal Minister of Justice, Brigitte Zypries, at a panel discussion on the occasion of APM´s 10th anniversary in October 2007.
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ContactsFurther information is provided on the
following websites:
© aksel / PIXELIO
www.apm.net
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German Anti-Counterfeiting Associationwww.apm.net
Federation of German Chambers of Industry and Commerce www.dihk.de
Federation of German Industrieswww.bdi.eu
German Brands Associationwww.markenverband.de
German Federal Ministry of Justice and Consumer Protectionwww.bmjv.de
German Patent and Trademark Officewww.dpma.de
German Customs www.ipr.zoll.dewww.zoll.de
Office for the Harmonisation of the Internal Marketwww.oami.europa.eu
World Intellectual Property Organization (WIPO) www.wipo.int
Initiative “Plagiarius”www.plagiarius.com
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Imprint
Editor:
Aktionskreis gegen Produkt- und Markenpiraterie e.V.Gertaudenstraße 2010178 Berlin - Germany
Concept and design: mixjonuscheit | agentur für live kommunikation gmbh, Hamburgwww.mixjonuscheit.de
Picture Sources: APM, pixelio, Michael Arning, Rüdiger Gärtner, Zoll, mixjonuscheit, Aktion Plagiarius e.V.
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Pharmaceuticals / Chemicals:BASF SE, Bayer AG, B. Braun Melsungen AG, Boehringer Ingelheim GmbH, Eli Lilly and Company, Merck KGaA, Takeda GmbH
Textiles:adidas AG, JMS Handels-GmbH & Co. KG, PRADA S.A., PUMA SE, Willy Bogner GmbH & Co. KGaA
Merchandise:Depesche Vertrieb GmbH & Co KG, DFB - Wirtschaftsdienste, Harley-Davidson Europe Ltd.
Diverse:B.A.T. British American Tobacco GmbH, fischerwerke GmbH & Co. KG, Hansa Metallwerke AG, Hansgrohe SE, Imperial Tobacco Ltd., Neoperl GmbH, OCTANORM-Vertriebs-GmbH, Philip Morris GmbH, RAL Deutsches Institut für Gütesicherung und Kennzeichnung e. V., Reisenthel Accessoires, Schwan-STABILO Schwanhäußer GmbH & Co. KG, Thomas Sabo GmbH & Co. KG, TÜV Rheinland Group, TÜV Markenverbund e. V., Villeroy & Boch AG , WMF Württembergische Metallwaren Fabrik AG
Published in June 2014
Aktionskreis gegen Produkt- und Markenpiraterie e.V.German Anti-Counterfeiting Association
Gertraudenstraße 2010178 Berlin [email protected]
United against piracy!Our members
Initiating association:Bundesverband der Deutschen Industrie (BDI), Deutscher Industrie- und Handelskammertag (DIHK), Markenverband e.V.
Automotive :AUDI AG, BMW AG, Daimler AG, Honda Motor Europe Ltd., Dr. Ing. h.c. F. Porsche AG, Volkswagen AG, YAMAHA Motor Europe N.V.
Automotive suppliers:ContiTech Antriebssysteme GmbH, Federal Mogul Holding Deutschland GmbH, IWIS Motorsysteme GmbH & Co. KG, Knorr Bremse AG, Kolbenschmidt Pierburg AG, LuK GmbH & Co. KG, Robert Bosch GmbH, Schaeffler Technologies GmbH & Co. KG, SKF GmbH, WABCO Fahrzeugsysteme GmbH, ZF Friedrichshafen AG
Electronics:Alfred Kärcher GmbH & Co. KG, Andreas Stihl AG & Co. KG, Apple Inc., Electrostar GmbH, Festo AG & Co. KG, Hager Electro S.A.S., Karl Storz GmbH & Co. KG, Kendrion N.V., Maschinenfabrik Reinhausen GmbH, Microsoft Deutschland GmbH, Pilz GmbH & Co. KG, Semikron Elektronik GmbH & Co. KG, Sennheiser electronic GmbH & Co. KG, Siemens AG, Telegärtner Karl Gärtner GmbH
Cosmetics :Coty Prestige Lancaster Group GmbH, Beiersdorf AG, L‘Oréal Deutschland GmbH, Wella AG
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�rd edition
