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Why Companies Should Seek Higher Damages for Counterfeiting

Bogus items can psychologically ‘infect’ the real items they’re copied from

Ziv Carmon
Mon, 08/19/2019 - 12:02
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Counterfeiting is widespread and rapidly expanding. In 2015, the value of fake and pirated products globally was estimated at $1.7 trillion, equivalent to the GDP of Canada. The scope of this phenomenon is vast. In both developing and developed countries, counterfeiting affects many sectors, including apparel, electronics, beverages, food, pharmaceuticals, tobacco, and even vehicle and airplane parts and heavy machinery.

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Companies actively try to fight the trade. They seek damages for lost sales from other firms that rip off their designs and conduct major, aggressive outreach campaigns to deter potential buyers from purchasing fake products. They also band together to raise awareness about how counterfeiting funds organized crime and terrorism, and often involves child labor. The Business Action to Stop Counterfeiting and Piracy (BASCP), under the International Chamber of Commerce, for instance, represents 25 companies at intergovernmental forums, formulates best practices in supply chains, as well as funds outreach campaigns such as ibuyreal.org to fight the flood of fakes.

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