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Pirated gifts

When buying gifts this Christmas, make sure to avoid fake products and counterfeit goods. They are becoming more widely available and are a huge problem. Technology levels have improved so much that it is now very easy for criminals to make sophisticated copies.

What are the most common fakes?

The most common fakes are:

  • designer labelled clothes, watches, perfume and cosmetics
  • alcohol
  • CDs, DVDs, video and audio tapes
  • computer software, such as games
  • vehicle parts
  • DIY tools

How can you avoid buying fakes?

Top tips to avoid buying fakes include:

  • be suspicious about bargains - if something seems too good to be true, it probably is!
  • find out if you have any guarantees or after-sales service
  • examine the quality of the goods
  • check labels and packaging for misspellings and poor logos
  • take extra care at street markets, car boot sales, pubs and computer fairs, or in other situations where it may be more difficult to get in touch with the trader after the purchase

Why should you avoid buying fakes?

There are lots of reasons why you should not buy fakes, including:

  • the goods may be dangerous - from cosmetics that can cause skin rashes to fake car parts that may cause accidents
  • a lot of fake goods fund drug dealers and other organised crime - even terrorism
  • you may end up paying higher taxes because people who deal in fakes don't - consumers like you end up making up the difference
  • you may be putting local people out of jobs because genuine manufacturers can't compete with the criminals making and selling fakes
  • if you buy fake goods and they don't live up to your expectations, you won't get any after sales service or guarantees
  • fake goods deprive the copyright owner of money that can be used to fund new development

What does the law say?

It is unlawful to apply a registered trade mark to goods, or to make an exact copy of goods which have the benefit of a registered trade mark registration, without the permission of the trade mark owner.

Even where goods are not subject to a trade mark registration, it is sometimes still possible to bring an action against someone making copies of goods, or attaching marks to goods, without the permission of the person already trading in those goods and associated marks. This is called a 'passing-off' action.

You may still be able to use your statutory rights against the seller – as the goods may not be as described. For further advice on this you should contact Consumer Direct.

Copyright may exist in certain goods, such as artistic designs on clothing, computer programs, CDs, DVDs and other electronic media. An infringement of copyright may occur where goods are copied without the permission of the copyright owner.

Infringing goods are generally known as 'counterfeit' or 'pirated' goods.

What can you do?

If you want to know more about fake goods, or if you think somebody is selling fake goods, please call Consumer Direct.

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