Protecting Yourself Against Counterfeiting

A widespread issue

Data from the Organisation for Economic Co-operation and Development (OECD) in 2021 shows that counterfeit goods make up about 2.5% of global trade and up to 5.8% of imports within the European Union.

What is counterfeiting?

Counterfeiting refers to the reproduction, imitation, or use - either wholly or partially - of intellectual property rights without the owner's permission. This issue affects a wide range of consumer sectors, including clothing, perfumes, electronics, automotive parts, food, medicines, toys, and more. 

Examples of counterfeiting activities include:

• Unauthorized use of a trademark: Copying, using, or imitating a trademark that is identical or similar to a registered one without the consent of the owner or exclusive licensee.
• Exploitation of a patented invention: Reproducing, importing, or selling a protected invention without the patent holder's consent.
• Reproduction of designs or models: Copying all or part of a design or model without the author's permission.
• Unauthorized publication of works: Publishing or reproducing written works, musical compositions, drawings, paintings, or other artistic creations protected by copyright without authorization.
• Distribution of protected content: Reproducing, communicating, or making performances, phonograms, videos, or programs available to the public—whether for free or for a fee—without the necessary authorization.

How to spot counterfeits

Several indicators can help identify counterfeit products:

• Point of sale: Unusual or suspicious selling locations are often red flags.
• Price: Be cautious of unusually low prices for items that are typically expensive.
• Product quality: Inspect the materials and craftsmanship—defects are often a sign of counterfeiting.
• Labels: Errors in printing, spelling mistakes, or incorrect translations on labels are common signs of counterfeits.
• Packaging: Low-quality packaging or packaging that doesn't match the product's value is another warning sign.

For online purchases, take extra precautions:

• Ensure the seller is clearly identified (name and complete contact details).
  • Verify that important information such as fees, delivery times, payment terms, general sale conditions, the right of withdrawal, and the legal guarantee of conformity are clearly outlined.

For more guidance on secure online shopping, refer to our dedicated guide on worry-free online shopping.

Risks for consumers

Counterfeit products, typically of inferior quality, expose consumers to various risks. Organizations involved in this illegal trade prioritize profit over safety and quality standards. These products, made with low-quality materials, do not meet Luxembourgish or European standards, which can make them potentially dangerous to use. Additionally, consumers who purchase counterfeit items lack guarantees, leaving them without recourse in case of problems.

Counterfeit products present several risks, some of which can be severe. For example, counterfeit medicines may contain improperly dosed active ingredients or be completely ineffective, posing a significant threat to health. Toys that fail to meet safety standards can be dangerous for children. Counterfeit cosmetics, often made with low-quality or prohibited ingredients, can cause harmful reactions. Finally, non-compliant or falsified electronic components, such as faulty or mislabeled parts, can lead to serious consequences, including injuries or fires.

Caution While on Vacation

During a customs check at an airport, port, or train station, you must be able to prove the origin of the products you are carrying. Possessing counterfeit goods is an offense, subject to customs sanctions and, in some cases, criminal prosecution.

Regardless of the circumstances, counterfeit goods will always be confiscated. Once handed over to the relevant authorities, they will be destroyed, and you will be required to pay a fine, the amount of which will depend on the severity of the offense.

Awareness campaign

To raise awareness about counterfeiting and the risks travelers face when returning from vacations with counterfeit goods in their luggage, the Directorate for Consumer Protection has launched a social media campaign and targeted outreach at Findel Airport.