If the Consumer Is Not Deceived, It's Not "Counterfeit"

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Monday, 09 August 2010 04:44

Why do reporters feel the need to indiscriminately label unauthorized copies as "counterfeits"? The distinction is very simple and important. A copy where the consumer understands that they are not getting the brand product is not counterfeit, regardless of whether or not there is an infringement of an individual or company's intellectual property protections. This distinction is important because the consumer is clearly benefiting in this case. The consumer is preferring to purchase the copy rather than the brand product.

By contrast, an actual counterfeit product is ripping off the consumer. The consumer is an ally in combatting counterfeits, whereas consumers benefit from the opportunity to buy unauthorized copies.

This simple distinction is lost at the the Washington Post. It describes markets in China as selling "counterfeit" products when it is very clear that consumers realize that they are not purchasing the brand product.