Counterfeit and replica goods have always been a problem in the world of trade. A 2019 OECD report provides context to the extent of this challenge by revealing that trade in such goods accounts for 3.3% of global trade. While there is a big difference between replicas and counterfeits, people tend to use the terms interchangeably, and there seems to be a blurring of the lines between the two.
Summary
Replicas and counterfeits both pose significant challenges for brands.
Counterfeits are different from replicas.
How brands can respond to the negative effects of online counterfeits and replicas.
fake vs replica
What is a replica?
A replica is a copycat that closely resembles an authentic product. Also known as a knockoff, these items are purportedly based on a well-known, genuine product. Therefore, even though they closely resemble the original, they cannot be considered genuine.
Replicas are considered legitimate copies because they do not carry the trademark of the product. So, while replicas may have the same features and functions as a well-known or branded product, they usually have a different symbol or logo that is similar to the well-known product.
Therefore, it is not entirely illegal.
Replica items can be made to look similar to branded items in various categories including but not limited to:
Clothing
Toys
Shoes
Handbags
Phones
Jewelry
While various online platforms facilitate the transaction of replica items in various categories, brand owners in the fashion industry have had a particularly tough time with the Reddit replica community.
What are counterfeits?
Counterfeits can be defined as copies or imitations of a product that are intended to be considered authentic and genuine in order to deceive someone.
In simple terms, counterfeits are imitation products made from cheap materials of substandard quality and sold under the name and under the name of another brand without the permission of the brand owner.
In fact, the trade in counterfeit goods is criminalized and is punishable under 18 United States Code, Section 2320 .
The main characteristic of counterfeit goods is that there is always a malicious intent to deceive and mislead the buyer into believing that the product is authentic when in fact it is not. Counterfeits are passed off as genuine products. Therefore, counterfeits infringe on the trademark and other intellectual property rights of the original brand owner.
Further counterfeiting involves the related elements of imitating the label, packaging, or other expressive features of the genuine product.
Counterfeiters thrive because the counterfeit goods are sold at a high price, far in excess of the cost of production, and unsuspecting buyers are willing to pay because they think they are buying the genuine product at a slightly lower price.
Counterfeit goods are made in a variety of product categories such as:
Pharmaceuticals
Automobile and aircraft parts and accessories
Gadgets and electronic products
Apparel and accessories
Brand and luxury goods
by Team Viagra & Health