Christmas time has rolled around once again and with it comes the challenge of buying gifts for your loved ones. If it was not already difficult enough finding the correct present, the increasing prevalence of counterfeit goods makes Christmas shopping all the more challenging. By definition, counterfeit goods are unauthorised imitations of goods bearing the trade marks of the original item. They are designed to confuse the consumer into thinking that they are authentic products produced or licensed by the brand owner.

Today, counterfeits are not limited to the traditional consumer goods like clothing, electronics and toys, but include things like pharmaceuticals, airplane parts and even food and beverages. While some counterfeit products like clothing may not seem that problematic to the end consumer, counterfeit pharmaceuticals, food and beverage and airplane parts have clear safety issues. There are also broader concerns about the manufacture and distribution of counterfeit products that involve labour law breaches, environmental concerns, consumer safety violations in addition to the infringement of intellectual property rights. Unfortunately, counterfeits are everywhere even on trusted online marketplaces like Amazon where third party sellers are allowed to list goods. The counterfeiting problem has been so rampant that some brands change their packaging to stay one step ahead of the counterfeiters, introducing new security features to allow consumers to recognise a legitimate unit of the product.

When you are shopping, keep a keen eye out for things that do not look or feel right (some smart shopping tips here). If the price seems too good to be true, it is probably a counterfeit. If the packaging looks odd, it may very well be a fake (note there are also parallel imported goods that may appear different but may be legitimate, this is to be distinguished from unlicensed and counterfeit goods). You can avoid counterfeits largely by only purchasing goods from legitimate sources, in particular, authorised distributors and dealers.You can also protect yourself by verifying serial numbers and certificates of authenticity where relevant.

For those importing and selling conuterfeit products, beware. Brand owners in Trinidad and Tobago are increasingly becoming litigious to protect their brands. Recently, a shipment of counterfeit Nike and Puma goods were seized.

Be safe this Christmas season and ensure you remain IP vigilant.

Contact Clover® to learn more about your IP rights.

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