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Is there such a thing as a victimless crime? Many people today consider the issue of counterfeiting and piracy as being fair game for the consumer. They consider very little about how a brand’s reputation and a consumer’s perception of that brand is altered by counterfeit products. Even assuming the purchaser would not have bought the original product and accordingly there is a lost sale. In some instances counterfeit products may endanger the health and even the life of an individual such as counterfeit drugs or the health of a company where its products can no longer be trusted by the consumer. Many people consider it a bit of fun to buy a phoney Louis Vuitton bag, Cartier watch or similar product. Whilst this on the face of it may not seem all that important or drastic a crime, it is still an issue that needs careful consideration. Innovative manufacturers and designers are not rewarded for the efforts but merely imitated and copied and all too often goods are produced in less than acceptable standards in countries employing child labour or worse and a company loses its cachet. How often does one wonder whether a person is wearing a real Rolex or carrying a real Louis Vuitton when the person has just returned from a trip to Bali? Revenue collectors do not collect the proper customs duty or excise duty as may be appropriate. Fortunately for those of us in Australia, we do not tend to buy our drugs via the internet nor consider that if we do walk into a legitimate shop, what is being sold is an authentic product whether it be a watch, a handbag, drugs or any other good. Goods that are counterfeited range from pharmaceuticals to high end fashion and of course currency. I commend you to think about these issues next time you visit Bali or even Santorini and see obvious fake Louis Vuitton, Cartier, Rolex and other products and products you don’t realise are counterfeit and may buy thinking “what a bargain”. Is it still a victimless crime? |
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Jeremy Oliver contribution |
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Brand Protection – a key issue for all businesses |
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Jeremy Oliver is one of Australia's foremost wine writers and presenters. He is a widely read and fully independent commentator whose words are published in several countries. In January 2005 he was named the inaugural Wine Writer of the Year by the widely circulated Australian Wine Selector magazine. In a world of wine over-supply, if you don’t have an established brand right now, your prospects as a wine producer are frankly rather limited. You either spend a fortune on what might prove to be no more than an expensive whim by developing your own original and unique identity, or you copy somebody else. Simple. If you take the former path you will find yourself dealing with marketing consultants, creative directors, product managers and then bank managers, for these guys all know how to charge. You will probably find, as many have before you, that growing and making the wine was actually the easy and inexpensive bit. read more
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There are 3 key elements of branding – creation, protection and management. Creating a brand involves not only creative and imaginative endeavours but should also involve research to ensure that the new brand is in fact distinctive and able to be used without infringing a third party’s existing rights. Once this has been ascertained, consideration needs to be given to obtaining protection for the new brand. The growth of the internet poses a new set of challenges to brand owners - including unauthorised trade mark use in domain names, the use of third party brands to attract customers through keyword search advertising and social media sites such as Facebook and Twitter. Brand protection generally involves intellectual property law and contract law. read more |
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