Reasons to counterfeit: Supply, demand and distribution of counterfeit goods

This research empathizes with the opportunities that drive demand for counterfeit goods. Governments, organizations and rights holders struggle to regulate the distribution and consumption of counterfeit products, so that consumer awareness has emerged as to what goods people counterfeit, and most importantly, why people intentionally buy counterfeit items. This article illustrates the incentives that inspire buyers to purchase counterfeit products, tactics that brand owners use to fuel their interest. It involves the development of demand, marketing tactics, and the implementation of consumer approach strategies by brands. It also reveals the complicated logistics and transporting routes creating manufacturing and transit hubs for counterfeiting,; it also demonstrates the lack of government intervention as well as the desperate need for policy revision. This article shows counterfeiting is phenomenon that governments, organizations, and most importantly, consumers all have equal interest in fighting against.

An Evaluative Study of Criminalistics: A Case of South African Counterfeiting and Knock-Off Menace

Counterfeit goods are a health hazard to human life, environment and business. More so as the goods destroy the viability of legitimate businesses across the world. Counterfeit goods are characterized as a threat to the financial viability of legitimate businesses and has a dire impact on the tax revenue of countries, necessitating its effective and efficient policing for the financial wellbeing of countries. If not well managed, counterfeit goods could lead to unemployment, disinvestment and capital flight in countries. The available evidence reveals that even though counterfeit goods has dire consequences for the economic wellbeing of countries, its penalties in most African countries are less severe in comparison to penalties for other crimes. The sight of counterfeit goods in many places, such as on busy street corners and transportation terminals in the Southern parts of Africa, attests to its prevalence in the continent. Especially in South Africa as the country has become a transit point for contrabands. Post 1994, South Africa opened its borders to the world of branded and protected goods and this enabled rogue people to trade in counterfeit goods. Effective policing is hindered by the use of sophisticated skills and expertise that leads to counterfeit goods resembling genuine goods. Moreover, in South Africa, the problem persists despite the promulgation of the Counterfeit Goods Act 37 of 1997, thus questioning the effectiveness of the policing strategies in use to quell the problem.

Blockchain-Based Traceability for Anti-Counterfeit in Cross-Border E-Commerce Transactions

Cross-border e-commerce, involving international product transactions via online and mobile platforms, is growing at a dramatic rate around the globe. One of the main concerns of brand firms is preventing counterfeit products from being sold under their names on e-commerce platforms. Counterfeit goods not only create economic losses to both the supply and demand sides, but also undermine efforts to improve sustainability. Proliferating counterfeits harm the brands of supply firms and trust in selling e-commerce platforms. In addition, they discourage participants in the supply chain from investing in social and environmental sustainability. If end-customers have access to detailed and comprehensive product information with a traceability system that can help overcome information uncertainty and asymmetry, losses can be prevented. The result of the pilot test has shown that securely shared in-depth product information among supply chain stakeholders from the supply side to end-customers can help prevent counterfeit goods from proliferating further by enabling consumers to determine the authenticity of products and report forgeries before paying.

Absolute optical chiral analysis using cavity-enhanced polarimetry

Chiral analysis is central for scientific advancement in the fields of chemistry, biology, and medicine. It is also indispensable in the development and quality control of chiral compounds in the chemical and pharmaceutical industries. Current methods for chiral analysis, namely optical polarimetry, mass spectrometry and nuclear magnetic resonance, are either insensitive, have low time resolution, or require preparation steps, and so are unsuited for monitoring chiral dynamics within complex environments: the current need of both research and industry. Here we present the concept of absolute optical chiral analysis, as enabled by cavity-enhanced polarimetry, which allows for accurate unambiguous enantiomeric characterization and enantiomeric-excess determination of chiral compounds within complex mixtures at trace levels, without the need for calibration, even in the gas phase. The utility of this approach is demonstrated by post chromatographic analysis of complex gaseous mixtures, the rapid quality control of perfume mixtures containing chiral volatile compounds, and the online in-situ observation of chiral volatile emissions from a plant under stress. Our approach and technology offer a step change in chiral compound determination, enabling online quality control of complex chemical mixtures, identification of counterfeit goods, detection of pests on plants, and assessment of chiral emission processes from climate relevant ecosystems.

The Counterfeit Goods Conundrum: An Analysis Of Demand Situation Among Malaysian Consumers

This paper examines the tricky and confusing problem of counterfeit goods demand. Counterfeit activities are getting more rampant, sophisticated and aggressive on a worldwide basis. Malaysia remains an ideal transit hub for counterfeit goods and regarded as lack in placing a premium on intellectual property rights. There is a need to address this conundrum of consumers who are fully aware of this illegal trade but continue to patronize. Measures undertaken by government dealt mainly with supply side of counterfeit goods but there is lack of effort on demand side control. An analysis into consumer attitude towards demand for counterfeit goods focusing on factors influencing purchase is warranted. This study utilized the integrated model of counterfeit goods purchase by Matos et al. (2007). Methodology entailed survey approach on 150 users at a locality in Kuala Lumpur. Findings showed positive and significant relationships between perceived risk, integrity and status as predictors of consumer attitude towards counterfeit goods. Findings provided implications for anti-counterfeit measures to go beyond awareness, communication and information on risks but more on emotional closeness to the consumer. Changing mindsets is necessary making clear to consumers that counterfeit purchase is stealing. Companies can be proactive by revealing the depth and breadth of counterfeiting and creating public consciousness.

Luxury brand consumption and counterfeiting: A case study of the Portuguese market

This paper discusses the trade of counterfeit luxury brands, which has grown at an alarming rate and is becoming a pertinent topic. The objective of this study is to specify the factors that influence purchase intention of counterfeit products. A questionnaire was applied to a group of Portuguese consumers, wherein 43% male and 57% female, with an average age of 32.59 years (SD = 9.78). The middle class registered the highest number of responses (86%), followed by the upper class (11%). Most respondents had higher education (76%). This group agreed to declare that they purchase counterfeit luxury products. Qualtrics software was used to validate one hundred responses. Data analysis was performed using SPSS.The results show that the three most popular counterfeit products are bags, clothes, and watches; the three brands that are most easily for sale are Louis Vuitton, Ray-Ban, and Nike; the main motivation associated with counterfeit goods is lower price (44%). The main sources are street vendors and online shopping. The intention to re-purchase a counterfeit product obtained low median results.The most desired counterfeit products are bags and clothes that are sold by street vendors (28%) or in the Internet (26%). The main factors that lead to the acquisition of counterfeit products are lower prices (44%) and product design (11%). 130 consumers declared the highest price satisfaction than a personal satisfaction from the purchase of counterfeit products. Portuguese consumers are also aware of ethical issues and agree with the enforcement of severe measures.

Сombating unfair registrations and using means of individualization in the conditions of digital transformation

Key words: intellectual property, unfair competition, means of individualization, valuation,squatter, losses, digital transformation, artificial intelligence The article examines the economic, legal and institutional aspects of combating unfair registration and use ofmeans of individualization (trademarks, brand names, geographical indications, domainnames) in the context of digital transformation. The formation of theoretical and methodologicaland methodological foundations for the protection of the rights of their owners,improving the efficiency of experts of intellectual property agencies, law enforcementagencies, tools for digital search and use of artificial intelligence (AI) to ensure the effectivenessof the institution of individualization. The economic and legal aspects of foreign(in the jurisdictions of China, USA, EU) and domestic legislative and law enforcementpractices to combat the phenomenon of unfair registration and use of personalization,digital search tools and the use of AI are analyzed. It is shown that over the next fiveyears, 30 to 50% of product searches will be by voice rather than text, so the impact of AIon the way a product is purchased will have significant economic and legal implicationsfor individualization legislation. The means of counteracting unscrupulous applicants inthe USA have been studied. The U.S. Patent and Trademark Office (USPTO) has developedrules under which foreign applicants and trademark owners must be representedby a U.S. licensed attorney when filing trademark applications with the USPTO. Emphasisis placed on the introduction of legislative liability of e-commerce platforms forcounterfeit goods. The analysis of the last changes in the legislation of Ukraine on protectionof trade marks is carried out. It is shown that the new rules change the approachesto registration and protection of trademarks, create the possibility of their fair use.Digitalization, transition to e-document circulation in the Customs Register, improvementof the procedure for destruction of counterfeit goods are important anti-corruptionsteps in the activities of Ukrainian customs in the context of digital transformation of theeconomy.

Сombating unfair registrations and using means of individualization in the conditions of digital transformation

Key words: intellectual property, unfair competition, means of individualization, valuation,squatter, losses, digital transformation, artificial intelligence The article examines the economic, legal and institutional aspects of combating unfair registration and useof means of individualization (trademarks, brand names, geographical indications,domain names) in the context of digital transformation. The formation of theoreticaland methodological and methodological foundations for the protection of the rights oftheir owners, improving the efficiency of experts of intellectual property agencies, lawenforcement agencies, tools for digital search and use of artificial intelligence (AI) toensure the effectiveness of the institution of individualization. The economic and legalaspects of foreign (in the jurisdictions of China, USA, EU) and domestic legislativeand law enforcement practices to combat the phenomenon of unfair registration anduse of personalization, digital search tools and the use of AI are analyzed. It is shownthat over the next five years, 30 to 50% of product searches will be by voice ratherthan text, so the impact of AI on the way a product is purchased will have significanteconomic and legal implications for individualization legislation. The means of counteractingunscrupulous applicants in the USA have been studied. The U.S. Patentand Trademark Office (USPTO) has developed rules under which foreign applicantsand trademark owners must be represented by a U.S. licensed attorney when filingtrademark applications with the USPTO. Emphasis is placed on the introduction oflegislative liability of e-commerce platforms for counterfeit goods. The analysis of thelast changes in the legislation of Ukraine on protection of trade marks is carried out.It is shown that the new rules change the approaches to registration and protection oftrademarks, create the possibility of their fair use. Digitalization, transition to e-documentcirculation in the Customs Register, improvement of the procedure for destructionof counterfeit goods are important anti-corruption steps in the activities ofUkrainian customs in the context of digital transformation of the economy.