Cases and examples

Counterfeiting: how to recognize it and how to defend yourself

The copying of original products (which may concern, depending on the case, the infringement of patents, designs and models, and even trademarks) represents a real scourge that infects the economic and social fabric of our time. This is not only a serious problem for companies that invest in research, development and innovation, but also sometimes a danger to the health and safety of consumers.

How can we defend ourselves against this devious enemy? How can we recognize counterfeit products and protect our rights?

First of all, it is essential to know its pitfalls. Counterfeit products can be very similar to the originals, sometimes imitating them perfectly. Sometimes, the difference is so subtle that it is almost imperceptible to the untrained eye. However, some signs can put us on alert and help us unmask the deception.

The price is often a first clue. If a product is offered at a significantly lower price than the original price or the market price, suspicion should be aroused. The logic is simple: to make a counterfeit product, you use substandard materials, cheap labor, and ignore strict safety and quality standards. All this results in a lower production cost, which is reflected in the final price.

Another red flag is the poor quality of the product. In the apparel and design industry, for example, manufacturing defects, such as crooked seams, faded prints, poor materials, and rough finishes are often common features of counterfeit products. Careful visual and tactile inspection can then reveal anomalies that betray the fraudulent nature of the product.

Packaging can also provide valuable clues. Written with grammatical errors, missing or incomplete information, faded or poorly placed logos are all elements that can raise suspicion. On the other hand, an original packaging, with attention to detail and rich in information, is a good indicator of authenticity.

In addition to these aspects, it is important to pay attention to other details as well. The lack of authenticity documents, such as tags, holograms, or barcodes, is an element of further suspicion. Similarly, distrust is a must in the face of unauthorized sales channels, such as untrustworthy websites or unlicensed street vendors.

In addition to these signs, it is important to be aware of the safety protocols adopted by manufacturing companies. Companies that invest in the fight against counterfeiting often implement product tracking and authentication systems, such as QR codes, holograms, and RFID technologies (acronym for Radio Frequency Identification: these are technologies that are based on the ability of electronic tags called Tags to store information regarding the object to which they are coupled). Verifying these elements can help confirm the authenticity of the product.

Another aspect to consider is the provenance of the products. Buying local products from authorized retailers reduces the risk of coming across counterfeit products. In addition, it is advisable to favor high-quality products, which are known for their rigorous production and control standards.

Cybersecurity plays a vital role in the fight against counterfeiting. Protecting your personal and financial data when shopping online is crucial to avoid falling victim to scams and fraud.

It is also important to know the difference between a registered trademark, or in any case an original one, and a counterfeit trademark. A counterfeit trademark is a trademark that illegitimately imitates another trademark (registered with a Patent and Trademark Office or already used by others), to take advantage of the reputation and value of the latter.

What to do if you suspect you have purchased a counterfeit product?

The first rule is: don’t feed the illegal market. If you suspect that a product is counterfeit, it is crucial not to buy it. This helps to discourage the production and sale of illegal and harmful products.

The next step is to report the product to the relevant authorities. The Guardia di Finanza and the State Police are at the forefront of the fight against counterfeiting and can be contacted to report the case. In this way, an important contribution is made to law enforcement and the legal market is protected.

A further means of defence is direct contact with the manufacturer. By providing detailed information about the product and the circumstances of the purchase, it is possible to obtain official confirmation of the authenticity of the product and, in the event of counterfeiting, allows the owner of the original products to take appropriate legal action.

Together, we can build a safer and more transparent market, where innovation and creativity are valued and protected.

In addition, it is important to remember that the fight against counterfeiting is not only a matter of security and protection of rights, but also of ethics and respect for the work of others. By purchasing original products, you support the legal economy and reward the commitment of those who invest in research, development and innovation.

The fight against counterfeiting is a complex challenge that requires a collective commitment. Only through collaboration between consumers, businesses, institutions and competent authorities can we defeat this sneaky enemy and build a better future for all.

Dragotti & Associati is at the side of companies that want to protect themselves against counterfeiting. Our legal department, specialized in intellectual and industrial property matters, offers legal advice and assistance to protect the rights of our clients and effectively combat this illegal phenomenon.