Counterfeiting: seizures of goods jumped during the crisis

The crisis has not put customs officers out of work. If the restrictions imposed by the Covid-19 epidemic caused the number of visitors to Roissy-Charles-de-Gaulle to plunge by 70% last year, the goods continued to flow. The hunt for counterfeits has therefore not weakened. Result: more than 2 million counterfeit products were seized at the main airport in France.

The report for the year 2020 that the Customs Department published on Monday reports a 20% increase in seizures throughout France. A total of 5.64 million copies fell into the hands of Customs officers. The report underlines that 62% of findings were made in express and postal freight offices, including a large proportion in Roissy.

Fake Viagra tablets

In the "hit parade" of counterfeits, clothing, shoes and accessories come first (about 800,000 seizures), ahead of games and toys (473,000), electronic equipment (172,000) and medicines (120,000).

In January 2020, the Nogent-sur-Marne brigade notably achieved an exceptional catch by intercepting a truck arriving from the port of Antwerp and containing no less than 70,000 pairs of shoes imitating Dior, Reebok, Adidas and Palladium models. Among the other notable finds of the year are fake Pokémon cards, copies of La Poste stamps, imitation Samsung and Apple phone cases and fake Viagra tablets.

The health crisis has expanded the offer. "Certain medical devices and medicines have been particularly targeted by counterfeiters", indicates the Customs Directorate, which points out that copies of surgical respiratory protection masks, FFP2 or FFP3 have been identified in several European countries.

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In France, 272,000 counterfeit protective masks were seized. "The major fraud on this type of product was identified on the basis of non-compliance with the standards in force", explains the Customs Department. Textile manufacturers have also seized the opportunity of the health crisis: fabric masks bearing fake logos of major brands have circulated, in particular via the Internet.

Darknet organizations

Faced with the importance of counterfeiting offenses (which can be punished by a fine and a prison sentence), customs and the Ministry of the Economy announced on Monday the launch of a new plan of action. Olivier Dussopt, the Minister Delegate for Public Accounts went to Roissy to present it. The challenge is to "preserve the ability of companies to create jobs and innovate", and to "combat major trafficking which threatens the health and safety of consumers".

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Goal ? Develop the technical means of customs so that it adapts to the spectacular rise in power of online commerce in the traffic of copy items. One of the priorities consists in extending the network of cyber customs officers, these experts capable of infiltrating and dismantling clandestine organizations operating on the Darknet. Last year, the "cyber" teams were able to carry out three "buying moves" to completion. These operations, which require the agreement of the Public Prosecutor's Office, allow agents to pass themselves off as buyers in order to go back to the suppliers.

In the same vein, Bercy intends to revitalize the collection of intelligence and the control of postal shipments and express freight. Moreover, while a decade has passed since the resounding legal soap opera opposing eBay and LVMH (owner of “Les Echos”), the objective of better cooperation between online marketplaces and social networks remains intact.

If the fight against counterfeiting now finds an echo at European level, with the "Digital Act Services", which must impose obligations of transparency and traceability of sellers on online platforms, and with the action plan of the Union European Union in favor of intellectual property, some believe that we must go further. The Union of Manufacturers (Unifab), which represents more than 200 companies and professional federations affected by counterfeiting, urges the European Commission to toughen its tone against digital players.

Sanctions against the crime of counterfeiting

Customs tax penalties are combined with ordinary criminal penalties (provided for by the Intellectual Property Code) that may be imposed on the author of the counterfeit. Which ones? The confiscation of the goods of fraud and of the property and assets resulting therefrom as well as a fine of between one and two times the value of the object. For acts committed in an organized gang, the fine can be up to ten times the value. A maximum imprisonment of three years is also possible. It rises to ten years if the facts relate to the organized gang.

Maritime transport, royal route for counterfeiting

More than 50% of the value of counterfeit goods seized worldwide are transported by sea, according to a report by the OECD and the European Union Intellectual Property Office (EUIPO). China was the leading economy from which containers of these products originated (79% of the total). India, Malaysia, Mexico, Singapore, Thailand, Turkey and the United Arab Emirates are also among the countries of origin of counterfeit or pirated goods traded in the world. The main countries of entry into the European Union are Germany, the Netherlands and the United Kingdom (before Brexit). Bulgaria, Croatia, Greece and Romania are strongly affected in view of their weight in trade.