Counterfeit Goods

The term counterfeiting of goods implies a series of actions, aimed at reproducing copyrighted or patented goods, that violate intellectual property rights (IPRs) and supplying those goods to consumers who may be either aware or unaware that they are counterfeit. The IPR concept, as specified by the World Trade Organization (WTO) under the 1994 Agreement on Trade Related Aspects of IPRs (TRIPS), includes counterfeiting of both trademarked goods (goods bearing, without [Page 78]authorization, a trademark that is identical or very similar to the original) and copyrighted goods (copies made without consent, such as pirated compact discs).

Economic motivation is the driver of counterfeiting. Profits are usually increased as a result of not bearing the following costs: expenses for research and development (R&D) activities, because the good ...