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To counterfeit means to imitate something authentic, with the intent to steal, destroy, or replace the original, for use in illegal transactions, or otherwise to deceive individuals into believing that the fake is of equal or greater value than the real thing. Counterfeit products are fakes or unauthorized replicas of the real product. Counterfeit products are often produced with the intent to take advantage of the superior value of the imitated product. The word ''counterfeit'' frequently describes both the forgeries of
currency A currency, "in circulation", from la, currens, -entis, literally meaning "running" or "traversing" is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins. A more general ...
and
document A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. The word originates from the Latin ''Documentum'', which denotes a "teaching" o ...
s as well as the imitations of items such as
clothing Clothing (also known as clothes, apparel, and attire) are items worn on the body. Typically, clothing is made of fabrics or textiles, but over time it has included garments made from animal skin and other thin sheets of materials and natural ...
,
handbags A handbag, commonly known as a purse or pocketbook in North American English, is a handled medium-to-large bag used to carry personal items. Purse, handbag or pouch The term "purse" originally referred to a small bag for holding coins. In man ...
,
shoes A shoe is an item of footwear intended to protect and comfort the human foot. They are often worn with a sock. Shoes are also used as an item of decoration and fashion. The design of shoes has varied enormously through time and from culture t ...
,
pharmaceutical A medication (also called medicament, medicine, pharmaceutical drug, medicinal drug or simply drug) is a drug used to diagnose, cure, treat, or prevent disease. Drug therapy (pharmacotherapy) is an important part of the medical field an ...
s, automobile parts,
unapproved aircraft part Unapproved aircraft parts are aircraft parts not approved by civil aviation authorities for installation on type certified aircraft. For example, the Federal Aviation Administration (FAA) defines a "standard part" as a part produced in accordance ...
s (which have caused many accidents),
watch A watch is a portable timepiece intended to be carried or worn by a person. It is designed to keep a consistent movement despite the motions caused by the person's activities. A wristwatch is designed to be worn around the wrist, attached b ...
es,
electronics The field of electronics is a branch of physics and electrical engineering that deals with the emission, behaviour and effects of electrons using electronic devices. Electronics uses active devices to control electron flow by amplification ...
and electronic parts,
software Software is a set of computer programs and associated software documentation, documentation and data (computing), data. This is in contrast to Computer hardware, hardware, from which the system is built and which actually performs the work. ...
, works of
art Art is a diverse range of human activity, and resulting product, that involves creative or imaginative talent expressive of technical proficiency, beauty, emotional power, or conceptual ideas. There is no generally agreed definition of wha ...
,
toys A toy or plaything is an object that is used primarily to provide entertainment. Simple examples include toy blocks, board games, and dolls. Toys are often designed for use by children, although many are designed specifically for adults and pe ...
, and
movies A film also called a movie, motion picture, moving picture, picture, photoplay or (slang) flick is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, feelings, beauty, or atmosphere ...
. Counterfeit products tend to have fake company
logos ''Logos'' (, ; grc, λόγος, lógos, lit=word, discourse, or reason) is a term used in Western philosophy, psychology and rhetoric and refers to the appeal to reason that relies on logic or reason, inductive and deductive reasoning. Ari ...
and
brands A brand is a name, term, design, symbol or any other feature that distinguishes one seller's good or service from those of other sellers. Brands are used in business, marketing, and advertising for recognition and, importantly, to create an ...
, which results in
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
or
trademark infringement Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may ...
in the case of goods. They also have a reputation for being lower quality, sometimes not working at all, and sometimes containing toxic substances such as lead. This has resulted in the deaths of hundreds of thousands of people, due to automobile and aviation accidents, poisoning, or ceasing to take essential compounds (e.g., in the case a person takes non-working medicine). The counterfeiting of money, mostly paper money, is usually attacked aggressively by governments worldwide.


Forgery of money or government bonds

Counterfeit money is currency that is produced without the legal sanction of the state or government; this is against the law of all countries. The
United States Secret Service The United States Secret Service (USSS or Secret Service) is a federal law enforcement agency under the Department of Homeland Security charged with conducting criminal investigations and protecting U.S. political leaders, their families, and ...
, mostly known for its guarding-of-officials task, was initially organized primarily to combat the counterfeiting of U.S. dollars in the wake of the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states ...
. Both sides had printed counterfeit notes in attempts to destabilize the other's economy, an example of
economic warfare Economic warfare or economic war is an economic strategy utilized by belligerent nations with the goal of weakening the economy of other states. This is primarily achieved by the use of economic blockades. Ravaging the crops of the enemy is a cl ...
. Counterfeit government bonds are public debt instruments that are produced without legal sanction, with the intention of "cashing them in" for authentic currency or using them as
collateral Collateral may refer to: Business and finance * Collateral (finance), a borrower's pledge of specific property to a lender, to secure repayment of a loan * Marketing collateral, in marketing and sales Arts, entertainment, and media * ''Collate ...
to secure loans or lines of credit through legitimate channels.


Counterfeiting of documents

Forgery is the process of making or adapting documents with the intention to deceive. It is a form of fraud, and is often a key technique in the execution of
identity theft Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was c ...
.
Uttering and publishing Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing ...
is a term in United States law for the forgery of non-official documents, such as a trucking company's time and weight logs. Questioned document examination is a scientific process for investigating many aspects of various documents, and is often used to examine the provenance and verity of a suspected forgery.
Security printing Security printing is the field of the printing industry that deals with the printing of items such as banknotes, cheques, passports, tamper-evident labels, security tapes, product authentication, stock certificates, postage stamps and identity ...
is a
printing Printing is a process for mass reproducing text and images using a master form or template. The earliest non-paper products involving printing include cylinder seals and objects such as the Cyrus Cylinder and the Cylinders of Nabonidus. The ...
industry specialty, focused on creating legal documents which are difficult to forge.


Counterfeit goods

The spread of counterfeit goods, including consumer goods (commonly called "knock-offs" or "rip-offs") and parts within the manufacturing supply chain, has become global in recent years and the range of goods subject to infringement has increased significantly. Apparel and accessories accounted for over 50 percent of the counterfeit goods seized by U.S Customs and Border Control. According to the study of Counterfeiting Intelligence Bureau (CIB) of the International Chamber of Commerce (ICC), counterfeit goods make up 5 to 7% of world trade; however, these figures cannot be substantiated due to the secretive nature of the industry. A report by the Organisation for Economic Co-operation and Development indicates that up to US$200 Billion of international trade could have been in counterfeit and illegally copied goods in 2005. In November 2009, the OECD updated these estimates, concluding that the share of counterfeit and illegitimate goods in world trade had increased from 1.85% in 2000 to 1.95% in 2007. That represents an increase to US$250 billion worldwide. In a detailed breakdown of the counterfeit goods industry, the total loss faced by countries around the world is $600 billion, with the United States facing the most economic impact. When calculating counterfeit products, current estimates place the global losses at $400 billion. On November 29, 2010, the
Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
seized and shut down 82 websites as part of a U.S. crackdown of websites that sell counterfeit goods, and was timed to coincide with "Cyber Monday," the start of the holiday online shopping season."U.S. Shutters 82 Sites in Crackdown on Downloads, Counterfeit Goods"
''Wired'' magazine, November 29, 2010
Some see the rise in counterfeiting of goods as being related to globalisation. As more and more companies, in an effort to increase profits, move manufacturing to the cheaper labour markets of the third world, areas with weaker labour laws or environmental regulations, they give the means of production to foreign workers. These new managers of production have little or no loyalty to the original corporation. They see that profits are being made by the global brand for doing little (other than advertising) and see the possibilities of removing the middle men (i.e. the parent corporation) and marketing directly to the consumer. This can result in counterfeit products being virtually indistinguishable from original products, as they are being produced in the same company, and in damage to the parent corporation due to copyright infringement. Certain
consumer goods A final good or consumer good is a final product ready for sale that is used by the consumer to satisfy current wants or needs, unlike a intermediate good, which is used to produce other goods. A microwave oven or a bicycle is a final good, b ...
, especially very expensive or desirable brands or those that are easy to reproduce cheaply, have become frequent and common targets of counterfeiting. The counterfeiters either attempt to deceive the consumer into thinking they are purchasing a legitimate item, or convince the consumer that they could deceive others with the imitation. An item which makes no attempt to deceive, such as a copy of a DVD with missing or different cover art or a book without a cover, is often called a "bootleg" or a "pirated copy" instead. Counterfeiting has also been issued to "cash in" on the ever growing record collecting market. One major example is bootleggers have cloned copies of Elvis Presley's early singles for
Sun Records Sun Records is an American independent record label founded by producer Sam Phillips in Memphis, Tennessee in February 1952. Sun was the first label to record Elvis Presley, Charlie Rich, Roy Orbison, Jerry Lee Lewis, Carl Perkins, and Johnny ...
since original copies starting changing hands amongst music fans for hundreds (and then, thousands) of
dollars Dollar is the name of more than 20 currencies. They include the Australian dollar, Brunei dollar, Canadian dollar, Hong Kong dollar, Jamaican dollar, Liberian dollar, Namibian dollar, New Taiwan dollar, New Zealand dollar, Singapore dollar, U ...
. Some who produce these even do so with the wrong material. For example the song "Heartbreak Hotel" which was never released on Sun, as by the time Elvis first heard it, prior to ever recording it, he had moved from Sun to RCA Victor. Rare releases by
The Beatles The Beatles were an English rock band, formed in Liverpool in 1960, that comprised John Lennon, Paul McCartney, George Harrison and Ringo Starr. They are regarded as the most influential band of all time and were integral to the developmen ...
such as their album with the butcher cover, fan-club only released Christmas records and early demonstration discs issued by
EMI EMI Group Limited (originally an initialism for Electric and Musical Industries, also referred to as EMI Records Ltd. or simply EMI) was a British Transnational corporation, transnational Conglomerate (company), conglomerate founded in March 1 ...
are also examples of product reproduced by counterfeiters due to their high value to collectors. Many counterfeit goods are produced and manufactured in China, making it the counterfeit capital of the world: the counterfeiting industry accounts for 8% of China's GDP. Counterfeit goods are also made in Russia, North Korea, Taiwan, Bulgaria, and Turkey. Turkey is responsible for 3.3% of word’s counterfeit goods, according to OCDE. Some counterfeits are produced in the same factory that produce the original, authentic product, using inferior materials. A United States Senate Committee on Armed Services report regarding counterfeit electronic parts in the defense supply chain, highlighted in an investigation commenced in March 2011, found that 1800 cases of suspected counterfeit components were in use within over 1 million individual products". A 2012 follow-up report found that counterfeit parts came "overwhelmingly from China". Another trend in counterfeiting, especially seen in consumer electronics, is the manufacture of entirely new products using poor quality materials or, more often, incorporating desirable features not present in a brand's authentic product line and then including prominent and fake brand names and logotypes to profit from brand recognition or brand image. An example would be imitation "Nokia" and "iPhone" cellular phones with features like
dual SIM Some mobile phones support use of two SIM cards, described as dual SIM operation. When a second SIM card is installed, the phone either allows users to switch between two separate mobile network services manually, has hardware support for keeping ...
slots or analog TV, which are unavailable in authentic originals, or visually-identical clones of high-end
smartphone A smartphone is a portable computer device that combines mobile telephone and computing functions into one unit. They are distinguished from feature phones by their stronger hardware capabilities and extensive mobile operating systems, whic ...
s using inferior components and the Android operating system, often with
user interfaces In the industrial design field of human–computer interaction, a user interface (UI) is the space where interactions between humans and machines occur. The goal of this interaction is to allow effective operation and control of the machine fr ...
made to resemble the devices they imitate. Another example would be imitation "iPod" MP3 players whose batteries are removable and replaceable, whereas in authentic originals the batteries are permanently installed. In the United States, a federal crackdown on counterfeit imports is driving an increase in domestic output of fake merchandise, according to investigators and industry executives. Raids carried out in New York City resulted in the seizure of an estimated $200 Million in counterfeit apparel, bearing the logos of brands such as "
The North Face The North Face is an American outdoor recreation products company. The North Face produces outdoor clothing, footwear, and related equipment. Founded in 1968 to supply climbers, the company's logo draws inspiration from Half Dome, in Yosemite ...
", " Polo", "
Izod Lacoste Izod Lacoste is a brand name of sportswear that was licensed to Izod by Lacoste from 1952-1993. History of the partnership In 1953, David Crystal, the owner of Izod and Haymaker, bought 50% of the rights to market Lacoste in America. The "Izod" ...
", "
Rocawear Rocawear (Stylized Roc-A-Wear) is an American Clothing Brand founded in 1999 by Roc-A-Fella Records Co-Founders Damon Dash and Shawn "Jay-Z" Carter. The brand has had annual sales of $700 million. Rocawear expanded through licensing to sell aff ...
", " Seven for all Mankind", and "
Fubu FUBU (, ) is an American hip hop apparel company. FUBU stands for "For Us, By Us" and was created when the founders were brainstorming for a catchy four-letter word following other big brands such as Nike and Coke.Keith Perrin interviewed by Ian ...
". One of the largest seizures was a joint operation in Arizona, Texas and California that seized seventy-seven containers of fake " Nike Air Jordan" shoes and a container of " Abercrombie & Fitch" clothing, valued at $69.5 million. Another current method of attacking counterfeits is at the retail level.
Fendi Fendi () is an Italian high-end luxury fashion house producing fur, ready-to-wear, leather goods, shoes, fragrances, eyewear, timepieces and accessories. Founded in Rome in 1925, Fendi is known for its fur, fur accessories, and leather goods. ...
sued the
Sam's Club Sam's West, Inc. (doing business as Sam's Club) is an American chain of membership-only retail warehouse clubs owned and operated by Walmart Inc., founded in 1983 and named after Walmart founder Sam Walton as Sam’s Wholesale Club. , Sam's C ...
division of
Walmart Walmart Inc. (; formerly Wal-Mart Stores, Inc.) is an American multinational retail corporation that operates a chain of hypermarkets (also called supercenters), discount department stores, and grocery stores from the United States, headquarter ...
for selling fake "Fendi" bags and leather goods in five states. Sam's Club agreed to pay Fendi a confidential amount to settle the dispute and dismiss the action. In the case '' Tiffany v. eBay'', Tiffany & Co. sued auction site
eBay eBay Inc. ( ) is an American multinational e-commerce company based in San Jose, California, that facilitates consumer-to-consumer and business-to-consumer sales through its website. eBay was founded by Pierre Omidyar in 1995 and became ...
for allowing the sale of counterfeit items, but lost on all claims. A number of companies involved in the development of anti-counterfeiting and
brand protection Brand protection is the process and set of actions that a right holder undertakes to prevent third parties from using its intellectual property without permission, as this may cause loss of revenue and, usually more importantly, destroys brand eq ...
solutions have come together to form special industry-wide and global organisations dedicated to combating the so-called "brand pirates" such as the International Hologram Manufacturers Association. Other companies and organisations have established web-based communities that provide a framework for crowd-sourced solutions to counterfeiting. One such free community, Collectors Proof, enables manufacturers and users alike to associate unique identification numbers to virtually any item so that each new owner can update its chain of custody. Because quality counterfeit items are often difficult to distinguish from authentic goods, this approach enables potential customers to access an item's current and previous ownersits provenanceprior to purchase. To combat counterfeiting, companies may have the various parts of an item manufactured in independent factories and then limit the supply of certain distinguishing parts to the factory that performs the final assembly to the exact number required for the number of items to be assembled (or as near to that number as is practicable) or may require the factory to account for every part used and to return any unused, faulty or damaged parts. To help distinguish the originals from the counterfeits, the copyright holder may also employ the use of serial numbers or holograms etc., which may be attached to the product in another factory.


Counterfeit culture

Counterfeit culture is the thriving markets surrounding fake streetwear. Most commonly, these markets originate out of areas where the inability to buy popular streetwear brands has fueled more sophisticated markets for counterfeit goods. These markets have spawned the emergence of a tribe of widely available
copycat Copycat refers to a person who copies some aspect of some thing or somebody else. Copycat may also refer to: Intellectual property rights * Copyright infringement, use of another’s ideas or words without permission * Patent infringement, a v ...
brands. In countries like North Korea and Russia where trade sanctions were imposed in the past to prevent the importation of popular brands, demand was stimulated for available counterfeit alternatives. The economic standing of a country or region also contributed to the demand for these products as the average consumer can’t afford
luxury Luxury may refer to: * Luxury goods, an economic good or service for which demand increases more than proportionally as income rises *Luxury tax, tax on products not considered essential, such as expensive cars **Luxury tax (sports), surcharge pu ...
prices but will gain the same social impact purchasing a
knock-off Counterfeit consumer goods (or counterfeit and fraudulent, suspect items - CFSI) are goods, often of inferior quality, made or sold under another's brand name without the brand owner's authorization. Sellers of such goods may infringe on eith ...
that’s of almost indistinguishable quality to the original product. Luxury streetwear is out of reach for many people, not just because of international sanctions and low wages, but because exclusivity is built into its business model. Social and cultural forces are driving the unique fashion scene. In particular, social media has a huge influence on over these markets giving people images of things they can’t own and further fueling the desire to obtains certain “ hyped” items by any means accessible. Designers have even begun to acknowledge the
trend A fad or trend is any form of collective behavior that develops within a culture, a generation or social group in which a group of people enthusiastically follow an impulse for a short period. Fads are objects or behaviors that achieve shor ...
of counterfeit culture by referencing fake or knock-off goods in their designs. This brought counterfeit culture into the realm of
mainstream culture Popular culture (also called mass culture or pop culture) is generally recognized by members of a society as a set of practices, beliefs, artistic output (also known as, popular art or mass art) and objects that are dominant or prevalent in ...
and has essentially shifted global acceptance towards becoming more lenient of these products as an appropriate alternative.


Anti-counterfeiting technologies

Anti-counterfeiting technologies are added to products or their packaging to allow consumers or inspectors to check whether a product is authentic. The EUIPO Observatory on Infringements of Intellectual Property Rights has developed an anti-counterfeiting technology guide, to address the lack of information on technology solutions available on the market and help companies improve their protection against counterfeiting. In this guide, the main anti-counterfeiting technologies currently on the market are described, and classified into five main categories: * Electronic technologies * Marking technologies * Chemical and physical technologies * Mechanical technologies * Technologies for digital media The International Standard Organization has also published standards related to the implementation of anti-counterfeiting solutions, including ISO 12931 and ISO 22381.


See also

*
Authentication Authentication (from ''authentikos'', "real, genuine", from αὐθέντης ''authentes'', "author") is the act of proving an assertion, such as the identity of a computer system user. In contrast with identification, the act of indicatin ...
*
Brand protection Brand protection is the process and set of actions that a right holder undertakes to prevent third parties from using its intellectual property without permission, as this may cause loss of revenue and, usually more importantly, destroys brand eq ...
*
Coin counterfeiting Coin counterfeiting of valuable antique coins is common; modern high-value coins are also counterfeited and circulated.Copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...
*
Counterfeit banknote detection pen A counterfeit banknote detection pen is a pen used to apply an iodine-based ink to banknotes in an attempt to determine their authenticity. Background Counterfeit banknote detection pens are used to detect counterfeit Swiss franc, euro and Unite ...
*
Counterfeit medications A counterfeit medication or a counterfeit drug is a medication or pharmaceutical item which is produced and sold with the intent to deceptively represent its origin, authenticity, or effectiveness. A counterfeit drug may contain inappropriate qu ...
*
Counterfeit watch A counterfeit watch (or replica watch) is an unauthorised copy of an authentic watch. High-end luxury watches such as Rolex, Patek Philippe and Richard Mille are frequently counterfeited and sold on city streets and online. With technological ad ...
*
Entertainment law Entertainment law, also referred to as media law, is legal services provided to the entertainment industry. These services in entertainment law overlap with intellectual property law. Intellectual property has many moving parts that include trade ...
*
Fauxbergé Fauxbergé (Russian: фальшберже) is a term coined to generally describe items that are faking a higher quality or status and in specific terms relates to the House of Fabergé (Russian: Дом Фаберже), which was a Russian jewelle ...
*
Gresham's Law In economics, Gresham's law is a monetary principle stating that "bad money drives out good". For example, if there are two forms of commodity money in circulation, which are accepted by law as having similar face value, the more valuable com ...
*
Illegal stamps Illegal stamps are postage stamp–like labels issued in the names of existing independent countries or territories used to defraud postal administrations, stamp collectors, and the general public. Often, but not always, a member nation of the U ...
*
Intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
* Legal fake *
Philatelic fakes and forgeries In general, philatelic fakes and forgeries are labels that look like postage stamps but have been produced to deceive or defraud. Learning to identify these can be a challenging branch of philately. To a large extent the definitions below ar ...
*
Prescription Drug Marketing Act {{Regulation of therapeutic goods in the United States The Prescription Drug Marketing Act (PDMA) of 1987 (P.L. 100-293, 102 Stat. 95) is a law of the United States federal government. It establishes legal safeguards for prescription drug distri ...
* Slug *
Watered stock Watered stock is an asset with an artificially- inflated value. The term most commonly refers to a form of securities fraud in which a company issues stock to someone before receiving at least the par value in payment.Dodd, David L. ''Stock Waterin ...


References


External links


OECD/EUIPO 2019 report on counterfeiting

Anti-counterfeit news and features
at SecuringIndustry.com
''Beware of Pirates! How to Avoid Bootleg Blu-rays and DVDs''
article a
Brenton Film

Detecting the Truth: Fakes, Forgeries and Trickery
virtual museum exhibition a
Library and Archives Canada
{{Authority control Forgery Commercial crimes *Counterfeit Organized crime activity