Friday, July 13, 2007 Social consequence of counterfeiting By Clint Fabiosa & Andrew Ong I Protect
COUNTERFEITING in trademark law is the act of producing or selling a product containing a sham mark that is an intentional and calculated reproduction of the genuine mark. A “counterfeit mark” is identical or substantially indistinguishable from a genuine mark. Often, counterfeit goods are made to imitate a popular product in all details of construction and appearance, so as to deceive customers into thinking that they are purchasing the genuine merchandise.
Artists, creators and entrepreneurs are those who feel most for the social consequences of counterfeiting and piracy. The counterfeiting of medicines, DVDs, airplane and auto parts, has a detrimental effect on the health and safety of the public. The World Health Organization (WHO) estimates that approximately six percent of pharmaceutical products worldwide are counterfeit. Developing countries account for the largest portion of such sales, with up to 70 percent of medicines sold in some African countries being counterfeit.
This explains the deterioration of health in African countries and the rapid spread of infection and sickness in these areas of the world.