Anti-counterfeiting: Close cooperation is needed

(Baonghean) - In the fight against counterfeit goods, fake goods and trade fraud, besides legal barriers and the drastic participation of authorities, the important factor is the proactive and effective coordination of businesses and the vigilance of consumers.

Currently, handbags, glasses, watches, cosmetics... impersonating famous brands are being sold openly. The high or low selling price is not mainly due to the quality of the goods but depends on the rental price of the business premises. At Vinh market, it is not difficult (if not very easy) for customers to find a pair of Hermes, Gucci, RayBan glasses for 50,000 - 100,000 VND; perfume, lipstick, skin cream of Lancome, L'Oreal, Coco Chanel brands are priced from 60,000 - 150,000 VND/product. At super cheap prices, only 1/20, even 1/100 of the price of genuine goods.

Booth comparing genuine and fake goods, goods infringing intellectual property rights at the 2014 Equipment Technology Fair.

Mr. Do Dung (Mau Don hamlet, Hung Loc commune - Vinh city) just bought a pair of high-end Orient brand men's and women's watches at a store outside Vinh market gate and said: "With the price of 2.8 million VND a pair, everyone knows that it is not genuine. But it is also a high-end fake (bracelet-shaped fashion), it looks just as beautiful as the genuine product...". According to Ms. Nguyen Thi May - owner of a cosmetics and fashion handbag business on Nguyen Van Cu street (Vinh city): "Genuine products are too expensive, very few consumers have the economic conditions to own them. Therefore, most customers know that they are fake but still buy them because they update their designs according to genuine products very quickly. If there is "demand" in the market, there will be "supply", customers coming to my store do not see anyone complaining, because they are very popular now".

Because the "gods" themselves accept to buy and use fake goods. Therefore, the world's "thousand dollar" brands are easily found from flea markets, supermarkets to sidewalks. It is natural that customers buy fake goods because they cannot distinguish between real and fake goods (because they are counterfeited too sophisticatedly), but many people choose this type of goods because it suits their budget. Customers accept to buy without thinking that they are helping fake goods in the distribution and consumption, so that this item increasingly occupies the market share... On the other hand, due to the habit of buying and selling in the "cash-on-delivery" style, consumers almost do not have any documents or invoices to prove the transaction process. This is the reason why organizations, individuals, businesses, and production units lack responsibility towards consumers, continuing to bring to the market products and services that do not ensure quality.

Previously, when mentioning counterfeit goods, counterfeit goods usually only arose when the goods in circulation did not meet consumer demand. But now, many goods have supply exceeding demand, counterfeit goods are still developing. Therefore, for businesses, the fight against counterfeit goods to protect their own brands is a difficult task. Although not directly manufacturing, Mr. Hoang Phan Thai - Director of Phu Thai Company also understands the consequences of counterfeit goods, it not only reduces profits but also reduces brand reputation. "Electric rice cookers and electric kettles are the most counterfeited products. They are not only sold in markets but also openly sold in large stores, shopping malls, and supermarkets. Counterfeit goods, about half the price of genuine goods, have anti-counterfeit stamps, and even have instructions to warn consumers to avoid buying the wrong thing" - Mr. Thai indignantly said.

Mr. Le Quoc Cuong - owner of Viet Tien garment product dealer in the city market. Vinh also said: “Many years ago, when Viet Tien shirts had affirmed their brand in the market and were trusted by consumers, they have now been counterfeited. Some stores often hang ambiguous signs of products with many different brands such as: Viettien, Vicitien, Victien... When consumers buy and use these counterfeit products, they will lose confidence in genuine businesses. If the above situation is not thoroughly resolved, in the long run, the market will gradually shrink, greatly affecting the company's brand. While genuine businesses have to bear all costs from investing in production, building brands to paying taxes and registering for product protection, counterfeit goods do not have to bear those costs, the products are sold at low prices so they sell very quickly. On the other hand, when discovered, the penalty is not enough to deter, so the level of violations and re-offending is very high. This is also the reason why some businesses seem to give up and ignore the law. In the case of counterfeiting of their own brands, or if they implement prevention and control measures, they should only stop at advising consumers to check product packaging, brand name, and place of manufacture to buy genuine products instead of filing a lawsuit in court.

As of October 2014, the Market Management Force has inspected and handled 452 cases of violations of counterfeit goods and intellectual property rights with a total fine of 673,424,000 VND. However, in reality, with counterfeit goods rampant, this number is still very modest... According to the leader of the Market Management Department: The fight against counterfeit goods, fake goods, and goods violating industrial designs is not simple. To clearly identify, it is necessary to have businesses participating in providing genuine goods to have a basis for handling counterfeit goods. However, some businesses are not interested, because they are afraid that when information about genuine goods is counterfeited, it will cause skepticism among consumers, affecting revenue.

To combat the problem of counterfeit goods, it is necessary to implement a series of drastic and synchronous solutions, in which it is important that businesses proactively coordinate with the authorities. Because according to the provisions of the law, to handle violations of industrial property rights, it is necessary to have the participation of the business owner to confirm the infringing goods when the authorities seize them. If businesses do not cooperate, the authorities will have a very difficult time in the fight against counterfeit goods, fake goods and commercial fraud.

In order to find solutions to improve the effectiveness of coordination between enforcement agencies and enterprises, and to promote the role of enterprises in raising awareness of self-protection of their goods and intellectual property, the Nghe An Department of Standards - Measurement - Quality in coordination with the Market Management Department organized 2 booths to compare genuine goods - fake goods, goods infringing intellectual property rights within the framework of the 2014 Equipment Technology Fair. At the booth, there were more than 50 items belonging to product groups such as: motorbikes, bicycles, fertilizers, helmets for motorcyclists and motorbike riders, cosmetics and some other essential consumer products that were counterfeit goods, goods infringing intellectual property rights confiscated and administratively sanctioned by the police and the Market Management force.

Through the fair, officers of the two units introduced and enthusiastically guided the signs and ways to identify counterfeit goods and goods that infringe intellectual property rights; disseminated a number of State regulations on standards, regulations, measurements, product quality and labeling and intellectual property regulations. At the same time, provided information on product quality, guided consumers to avoid buying counterfeit goods, fake goods, goods that do not guarantee quality, etc.

In reality, the coordination between manufacturers and authorities is not tight, so the inspection and control to protect consumers and manufacturers is not highly effective... Sanctions are not strong enough, businesses are helpless, people accept it, the fight against counterfeit goods cannot be successful if authorities, businesses and consumers are not closely linked.

Article and photos:Ngoc Anh