“counterfeiting endangers creativity and expertise”

Of course they have always been there: copies (the same product but without a brand), products that are inspired by the original (but where everyone can see what the original design was) and fakes (where everything has been copied, from the logo to the packaging), but until recently we didn’t bother buying a bag that looked like a model from a luxury brand. Or a jacket inspired by Chanel, but from mass production. But recently it seems to give a certain prestige to find a product that is ‘more or less’ the same as the expensive version, without paying the price for it. Fake has become a phenomenon, widely spread through online sales and its vast distribution network. The principle is simple: influencers promote products on their account that are cheaper than a certain brand, but very similar.

Audrey Katz, director of CCK Avocats, which mainly deals with intellectual property, says: “A certain consumer group, especially women, has made it a sport to find good counterfeit products, especially of fashion and cosmetics.” The expert adds: “The impact on the original brands is already clearly visible.” Because buying a counterfeit can have enormous consequences.

Who buys dupes and fakes?

Young people are of course the main buyers of these trendy products at rock bottom prices. Laura (22) falls for counterfeits because the prices are so attractive, and because her purchases never last long: “I could never afford a real bag from Bottega Veneta, but I found a bag that looked good for 25 euros. That way I can also change regularly.” Beyond the ecological consequences of this overconsumption of products made under questionable conditions, there is also the question of the impact of these products, especially makeup, on health. But the products that constantly appear on the feeds are so tempting that some buyers throw their principles overboard.

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Jacqueline (69) has a nice collection of authentic branded bags. Still, she bought two bags inspired by the classic models of big houses, but counterfeit. “I didn’t have soft blues and pinks to match my outfits yet. I have the real one in black and white, but I wanted color and then it would be very expensive.” She also already had a pair of Prada sunglasses with the famous spiral on the side, but she bought a two-tone version for a few euros that did not even appear in the original collection. “I felt like treating myself without thinking about it too much, and then it’s just a matter of budget.”

Corinne Champagner Katz, lawyer at the Barreau de Paris and specialist in intellectual property law, points out the economic consequences of this: “This is a serious ethical problem. Apparently no one is concerned about the legality and moral consequences. Shein employs 3,000 companies that merely counterfeit new products posted on social media.” She adds: “The big brands are being massively weakened economically by this turn of events, and the imitators don’t realize that in this way they are eating the goose that lays the golden eggs. This counterfeit trade endangers creativity, innovation, inventiveness and expertise. It won’t be long before the designers have to stop. Not only is the whole thing immoral, but the counterfeit producers have lost their source of inspiration. Ultimately, there will be nothing left to copy.”

Is counterfeiting illegal then?

Corinne Champagner-Katz: “Unfortunately not. There is currently no real legislation in place. On the one hand, the imitations can exist because two brands are being compared, which is allowed in Europe. It is another matter when the genuine piece of the brand is used to promote the sale of the counterfeit. Because in economic law, taking advantage of the attractiveness of a brand or product in order to make a profit is called economic parasitism. And that is illegal and punishable.” Audrey Katz explains: “There is a whole range of levels of copy, from inspiration to fake. The boundary between what is legal and illegal is still unclear and certain consumers are aware of this. And in the meantime, more and more hashtags are appearing that promote these types of products. The judiciary needs time to adapt, because a very cumbersome machine has to be put to work, and in the meantime these people are walking away with billions. Unfortunately, justice works slower than the economy.”

What can you do against counterfeit products?

“In a constitutional state, only one thing applies: applying the law,” says Corinne Champagner-Katz. “And the fake industry is a gray zone.” Certain brands are taking internal measures, such as Djerf Avenue, known for its floral and fruit motifs and vintage designs. They are copied very often (just look on Amazon). Designer Matilda Djerf started naming all influencers on TikTok at the end of 2023 with tips for cheaper copies. This landed the 26-year-old entrepreneur in a media storm. The lawyer who defends the (real) brands says: “If someone is formally convicted for their actions, it will only deter others. And because these are practices purely for profit, a financial penalty is the only thing that can help.” She adds: “But when the price is so low, many people manage to ease their conscience and buy anyway.” While the real brands pay the real price.