For example, unbranded petroleum products and substandard pharmaceuticals may be considered fakes, but may not necessarily encompass an intellectual property (IP) infringement. TL;DR Counterfeiting is a persistent, industry-wide problem for brands selling internationally, and Chinese marketplaces are… The operational challenge is that manual teams cannot sustain that work at ecommerce scale. Brands need to watch thousands of listings, domains, sellers, ads, and social posts across channels. Counterfeiters operate within normal digital commerce journeys, which can make fake products harder for buyers to identify before purchase.
Those involved in their production and distribution include "medical professionals" such as corrupt pharmacists and physicians, organized crime syndicates, rogue pharmaceutical companies, corrupt local and national officials, and terrorist organizations. Other prescription drugs that have been counterfeited are Plavix, used to treat blood clots, Zyprexa for schizophrenia, Casodex, used to treat prostate cancer, Tamiflu, used to treat influenza, including swine flu, and Aricept, used to treat Alzheimer's disease. Online pharmacies had flooded the US market and contributed to the opioid epidemic, with the Centers for Disease Control and Prevention (CDC) claiming that sixty-six percent (66%) of the 63,600 overdose deaths in 2016 were caused by opioids, including fentanyl.
These approaches make it easier to authenticate products while making counterfeiting significantly more difficult to scale. As counterfeit products become more sophisticated, brands need stronger and more reliable ways to protect their products. Over time, this weakens economic growth, discourages innovation, and allows the illicit trade to expand. They distort international trade, reduce government tax income, and create unfair competition across industries. The counterfeit products market is a multi-billion-dollar global issue that affects far more than just brand revenues.
Department of Homeland Security seized and shut down 82 websites as part of a U.S. crackdown of websites that sell counterfeit goods, and was timed to coincide with "Cyber Monday," the start of the holiday online shopping season. In some cases the copying process has proceeded through several vendors, and it is possible to see gradual changes as the chain of "counterfeits of counterfeits" progresses. Another example is that of electrolytic capacitors which have been sold as originating from a highly regarded manufacturer but in practice are merely shells which contain a lower-specification (and physically smaller) component internally. One example of such a product is the Geek Bar, manufactured by Geek Vape, which sold nearly $600 million worth of products in U.S. stores in 2024. With the sales of illicit cigarettes in Turkey, for example, exceeding 16.2 billion cigarettes per year, Turkish Prime Minister Erdogan labeled counterfeit tobacco as "more dangerous than terrorism". In addition to the lost revenue, cosmetics brands are damaged when consumers experience unhealthy side effects, such as eye infections or allergic reactions, from counterfeit products.
An inspection of the shipments revealed more counterfeit toys including some that were collected for further lead testing. Operation Stolen Promise combines HSI’s expertise in global trade investigations, financial fraud and cyber investigations with robust private and public partnerships to disrupt and dismantle this criminal activity and strengthen global supply-chain security. For more information on how to avoid consumer fraud and counterfeit products, read this FTC advisory. They're often produced illegally and sold at a profit to fund other criminal activities. “Counterfeit products not only attack the name and value of a known business, but, in many cases, can cause harmful, and sometimes fatal, consequences for the unsuspecting buyer,” said Mark Zito, Deputy Special Agent in Charge for HSI Los Angeles. It also impacts the economic growth of legitimate businesses and consumers through lost revenue, downtime, and replacement costs.
Pew Research Center states that worldwide such e-commerce sales are expected to reach over $4 trillion by 2020. The seized items also included counterfeit bottles, packaging, and equipment for making sparkling wine. Customs and police authorities seized nearly 14.8 million liters of illicit drinks, including wine and beer. President Donald Trump signed an executive order to, among other things, ensure the timely and efficient enforcement of laws protecting Intellectual Property Rights holders from imported counterfeit goods.
This destruction operation comes as part of a broader strategy to curb the circulation of fake products that not only undermine legitimate businesses but also pose potential risks to consumers. Furthermore, Customs authorities’ actions against IPR infringed goods are guided by international agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the World Customs Organization’s (WCO) Revised Kyoto Convention. The agreement also revealed Melnik received at least $1.2 million in gross revenue from this illegal enterprise, including approximately $200,000 alone from the sale of counterfeit Ciba Vision FreshLook COLORBLENDS. Melnik admitted that some of the contact lenses he sold were tested and found to be contaminated with potentially hazardous bacteria. After purchasing the contact lenses, many customers complained directly to Melnik about the quality of the contact lenses and questioned him about whether the contact lenses were genuine and FDA approved, according to the plea agreement.
There are economic impacts, legal implications, and health and safety risks that are important for you to know before you buy. While considerable evidence exists on the topic, to enable the IPO to effectively achieve its aims, the organisation has identified a need for more consistent research on consumers in relation to the purchasing of counterfeit physical goods.Visit the portal here. The Campaign aims to increase the desire to buy genuine goods, raise awareness of the damage caused by counterfeits, change attitudes and change counterfeit buying behaviors by educating young consumers on how to identify and avoid counterfeit goods.
For instance, fake Swiss watches alone were estimated to be worth US$1.88 billion in 2021. Similarly, brands such as US clothing maker Supreme have used a limited release strategy, where small quantities are made available for a limited time. Online communities dedicated to helping people source high-quality replicas have grown in popularity, often driven by dissatisfaction with legitimate markets. This has made detection more difficult and increased the risk of consumers falling prey to deceptive practices.
It estimated the counterfeit trade has grown to about US$467 billion in 2021. These include counterfeit weight-loss products falsely claiming to contain prescription medicine and counterfeit Botox vials. Some fake products can pose serious health risks to unsuspecting buyers. Proposed legislation like the SHOP SAFE Act (Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce) aims to shift more responsibility onto platforms. However, many brands argue this is an endless game of whack-a-mole and that platforms are not doing enough to proactively vet sellers and listings.
The cause and effect of this discounting of crime is giving sellers money to partake in terrorism, human trafficking and child labour. The French terrorist attack in 2015 at Charlie Hebdo has been traced back to being funded by counterfeit products. Many fashion houses try to stop counterfeits from circulating in the market; Louis Vuitton has an entire team solely focused on stopping counterfeits. These goods are made from scraps and leftover materials from genuine products, produced illegally, and sold on the black market.
The crackdown on counterfeit goods has not only become a matter of human rights but one of national and international security in various countries. President Donald Trump signed an executive order to, among other things, ensure the timely and efficient enforcement of laws protecting intellectual property rights holders from imported counterfeit goods. https://citivelos.jp/ are a "...major plague for fashion and luxury brands," and numerous companies have made legal efforts to block the sale of counterfeits from China. These include items which purport to be original art, designer watches, designer china, accessories such as sunglasses and handbags, and all varieties of antiques. According to the EU's taxation and customs commissioner, "A secret wave of dangerous fakes is threatening the people in Europe." According to The Economist, between 15%-30% of antibiotic drugs in Africa and South-East Asia are fake, while the UN estimated in 2013 that roughly half of the antimalarial drugs sold in Africa—worth some $438m a year—are counterfeit.
Court may authorise search and attachment, pending institution of civil proceedings, to preserve evidence relevant to infringement of intellectual property right, etc. (a) may not be released into the channels of commerce upon the mere removal of the subject matter of the intellectual property right that was unlawfully applied to those goods; (2) If a court in any civil or criminal proceedings has ordered the delivery up to any person of goods found to be counterfeit goods derived from any process of counterfeiting contemplated in paragraph (b) or (c) of the definition of “counterfeiting” in section 1(1), then, notwithstanding the provisions of any law, those goods— (b) The person in control of a counterfeit goods depot to whom a notice has been issued in accordance with the provisions of paragraph (a), must release the relevant goods in accordance with that notice, on the fourth day after the date of that notice, unless a competent court has ordered otherwise. However, such an instruction may not be given and the relevant seized goods may not be so released at any time after a criminal prosecution involving those goods has been instituted against the suspect; or (c) if the complainant in writing has instructed the inspector to release those goods to the suspect.
In light of these challenges, motions for extraordinary remedies, including interim or interlocutory injunctions, preservation orders and variants such as Anton Piller Orders, Norwich Orders or Mareva injunctions, are relied upon, subject to the applicable procedural and substantive legal safeguards. The Federal Court is now calculating damages in counterfeiting cases using a multiplier of the fixed minimum compensatory damages times the number of instances of infringement. But where vendors keep no records, it does not lie in their mouths to say that the plaintiff has no evidence by which to prove the damages flowing from their business operations. These awards, referred to as minimum compensatory damages (“MCD”), arose from cases in which defendants delivered absolutely no documents to substantiate their manufacture and sale of counterfeit goods, making it difficult to quantify the extent of the actual damages sustained.
Defective counterfeit products have even been sold to U.S. government agencies. Consumers can spot counterfeits by examining price, packaging quality, and seller location. Featuring insights from Dr. Ulrika Bonnier, TRACIT Director of Programs, the report reveals the hidden consequences of fake merchandise, including links to organized crime, human trafficking, and dangerous working conditions.
The responsibility for this is widespread, with international organizations, public health authorities, trade organizations, consumer groups and concerned citizens all able to play their part and make people aware of the dangers of counterfeit goods to health and safety. This biennial series of meetings brings together Governments from across the world to promote and review the execution of the Convention in order to ensure better implementation in tackling this international issue. In a bid to tackle these crimes there is an ever-growing need for action at both the local and the international level. There have also been cases where rat poison and other dangerous chemicals have been found to be present in fraudulent food in place of other more expensive and legitimate additives. The ripples of this food scare were felt internationally, with fears that the contaminated products may have reached Europe and beyond.