Louis Who - A Global Perspective On Counterfeiting And Infringement

What is the difference between trademark-infringing and counterfeit goods? Most clients perceive counterfeit goods as being simply "fake" because they look identical to an established product but, from a legal perspective, things are not that simple. Let us explore different views on this matter from around the world.

Across our global offices, a question that we often receive from IP counsel is whether or not goods merely "infringe an IP right" or if they qualify in addition as "counterfeit goods". To the ordinary consumer, counterfeit goods are simply perceived to be "fake" goods because they look similar or identical to an established branded product but are not the genuine products of the brand owner. From a legal perspective, however, the issue is not always clear.