How are counterfeit and counterfeit goods understood according to the law? How does the problem of counterfeit and counterfeit goods affect the rights and health of consumers?

Reply:

Regarding the concept of counterfeit goods, according to Article 213 Intellectual Property Law 2005 (amended and supplemented in 2022), “Counterfeit intellectual property goods” is regulated as follows:

“Counterfeit trademark goods are goods and packaging of goods with a trademark or sign or stamp or label containing signs identical or similar to the extent that it is difficult to distinguish from the currently protected trademark used for the item itself without the permission of the trademark owner.

Counterfeit goods geographical indication means goods and packaging of goods with signs or stamps or labels containing signs that are identical or similar to the extent that it is difficult to distinguish from the protected geographical indication used for that very item and the marking. This mark is made by an organization or individual that does not have the right to use the geographical indication according to the provisions of Clause 4, Article 121 of this Law or according to the law of the country of origin of that geographical indication.

Pirated goods are copies produced without the permission of the copyright owner or related rights owner.

Decree 98/2020/ND-CP regulating penalties for administrative violations in commercial activities, production and trading of counterfeit and banned goods and protecting consumer rights has more specific regulations on The concept of "Counterfeit goods" in Clause 7, Article 3 of the Decree is as follows:

“a) Goods whose use value or use is inconsistent with the natural origin and name of the goods; Goods have no use value or utility or have a use value or utility that is inconsistent with the announced or registered use value or utility;

b) Goods with at least one of the quality criteria or basic technical characteristics or the quantity of the main substance that creates the use value or utility of the goods only reach 70% or less of the minimum level. Minimum regulations in technical regulations or quality standards registered, announced to be applied or recorded on labels and packaging of goods;

c) Fake drugs as prescribed in Clause 33, Article 2 of the Pharmacy Law 2016 and fake medicinal materials as prescribed in Clause 34, Article 2 of the Pharmacy Law 2016;

d) Veterinary drugs and plant protection drugs without active ingredients; not having enough registered active ingredients; has active ingredients different from the active ingredients listed on the label or packaging of goods; at least one of the active ingredient contents is only 70% or less compared to the minimum level specified in technical regulations or quality standards registered or announced for application;

d) Goods with labels or packaging bearing falsified instructions on the name and address of the organization or individual producing, importing or distributing the goods; forging circulation registration codes, publication codes, barcodes of goods or forging packaging of goods of other organizations or individuals; falsifying the origin or origin of goods or the place of production, packaging or assembly of goods;

e) Counterfeit stamps, labels, and packaging of goods include decals, labels, packaging, quality stamps, quality marks, origin traceability stamps, warranty cards, shrink wraps, or Other items of business organizations or individuals with instructions to forge names and addresses of other organizations or individuals; fake trade name, trade name, barcode, circulation registration code, publication code of goods or packaging of goods of other organizations or individuals.

According to legal regulations, there are currently no documents regulating the term or concept of "counterfeit goods", but this term is only used to be understood as products circulating on the market that are not counterfeit goods. Official products brought to the market by the main manufacturer or distributor.

Currently, the problem of counterfeit and pirated goods has become a painful reality, the tricks are increasingly sophisticated, causing socio-economic destruction, undermining fair competition and causing very negative impacts on the rights and health. health, finances as well as reducing consumer confidence in products as well as manufacturers - businesses, especially for items such as cosmetics or food. When using fake cosmetics, customers may experience allergies, redness, acne, melasma... However, when used for a long time, consumers will be at risk of skin cancer. At the same time, fake cosmetics will cause premature aging of the skin, when chemicals penetrate and erode the skin, causing dry skin, acne and dark spots over time.

If consumers use fake food, the consequences will be even more serious because toxins from fake food entering the muscle can cause serious consequences such as damage to the nervous system, poisoning, liver failure, etc. Kidney failure, metabolic disorders, cancer and even death... Thus, consumers not only lose money in vain but also suffer many unwanted consequences.