Counterfeit products: concept, types, responsibility

In the pursuit of a luxurious life, many are ready to break the line of the law by using the results of other people's works for free. So, counterfeit products are increasingly appearing on the shelves today. An intensified struggle is being waged against this problem. However, at present, laws and prohibitions do not have the desired effect.

counterfeit products

So, what is counterfeit products in the language of lawyers? This is a product that was produced on the basis of another - an existing original; the basis for the creation of this is a violation of intellectual property and copyright.

Often people think that counterfeit products are only various video and audio media. However, it is not. Today, every major manufacturing company has a significant loss due to the fact that fraudsters sell low-quality, “second-class” products under a well-known brand. It can be films, clothes, cosmetics, furniture, appliances, food, and much, much more.

counterfeit product liability
Now we’ll take a closer look at what types of all counterfeit products are divided into.

  • First of all, it's a fake logo. A person who does not study the features of certain brands, but has heard about their good quality, falls for the trick, taking, for example, Guchi for Gucci. This is the most common type of counterfeit. Indeed, in this case there is no evidence in favor of the fact that the results of design work were stolen - since even the name of the product is different.
  • Fake product appearance . If in the first case it was only about the use of visually similar logos, then here, as they say, “all at once” is copied with only minor differences. Such counterfeit products have a higher price, but it is also much easier to hold responsible for their sale.
  • The next species is popularly called "piracy." Films, music, books - all this is sold without the knowledge of the authors. However, it is not always a question of distribution of products on a paid basis. With the development of the Internet, the results of intellectual and creative activities of cultural representatives are available to anyone
    wanting. Everyone today can get acquainted with a new film for free, listen to a music album or read another bestseller.
  • Finally, the fourth type of counterfeit products is the use of a variety of technical solutions previously patented by others.

responsibility for the sale of counterfeit products

There is an ongoing struggle with the phenomenon under discussion. In Russia, for example, on August 1, 2013, the so-called “anti-piracy law”, which received great resonance in society, entered into force. About what sanctions are provided for violators, read below.

Counterfeit products. Responsibility

According to Art. 146 of the Criminal Code of the Russian Federation , the distribution / acquisition / storage of the results of someone else's activity entails a fine of up to 200 thousand rubles or compulsory work lasting 180-240 hours. This can be correctional work (the term of which is up to two years). If the losses of the copyright holder are enormous, the responsibility for the sale of counterfeit products can be up to six years in prison together with a fine of up to half a million rubles.

Source: https://habr.com/ru/post/K12825/


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