a european patent application
Fake Products and materials are knock-offs, bootleg, pirated or illegally obtained materials, which manufactured and sold in violation of intellectual property rights of others or in a way that their fraudulent origin and quality. After English common law, counterfeiting was seen as "palming off." That was perhaps conceived of the idea that a forger "palm off a fake product as a genuine product with a list in relation to the origin and / or the product. The Counterfeiters, in the process, so usurps the goodwill, recognition, and niche-brand of the client (ie the holder of the trademark / brand name) in the areas of marketing and the creation of a consumer for the counterfeit product, which is obviously a fraud.
Although counterfeiting is often described trademark infringement, it can also be one for all aspects of intellectual property rights (IPR) infringements, including patents, copyrights, trade secrets, etc. The impact of counterfeits has been known that very debilitating for the IPR holder, consumers and the nation to make. This fact is argued from the perspective that counterfeit goods are usually of low quality and in most cases, low price. To confuse or mislead the consumer and a lower price for the opportunity, leading to the same product, counterfeiters tend to eat in the IPR-holders in the market and the value of intellectual abilities, while at the same time, the consumer at the health and safety risks, because of sub-standard product is consumed.
The business of counterfeiting has become especially profitable and challenging, with the participation of various groups of organized crime in the economy. The problem is so alarming and ever expanding everywhere. The range of fake products and materials, cuts across a wide range of consumer goods. In recent times, nearly everything from counterfeit copies of Microsoft Windows that are not properly manufactured baby foods, pharmaceuticals, aircraft and automotive parts are available on the market. For example, a report in the American Chemical & Engineering News "says," "a few years ago, the Americans could be proud of the fact that they are the surest prescription drug supply in the world. Well, they can not so optimistic. "
Even the FDA recognizes the growth and proliferation of counterfeits, as they relate to prescription drugs and other consumables. This arises from the four-fold increase in counterfeit drugs in the investigations of the FDA from five times per year in the 1990s to twenty times from 2000. In response to the threat of counterfeiting, the Commissioner of Food and drugs are a Counterfeit Taskforce in July 2003.
The effect of increasing the rate of counterfeiting can be broadly seen from two perspectives. The first thing of course, the direct and negative impact on the population, the health and other personal safety concerns associated with consumption of counterfeit medicines and other consumables. The second immediate impact has to do with the client, reduces welfare, the fakes, because counterfeiters do not care what happens to its customers after the purchase was.
The message is that, despite the better control and monitoring technology of the developed world, counterfeiting is still a growing threat. The world is not really as secure as you and I would want it. The best thing we can do is to wake up to the challenge. Make sure you buy medicines, food and other consumables from recognized, for whatever reason, if you have doubts about the originality of any item, then do not buy.
Michael Russell
Your independent guide to the Fraud
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