Part of our Brand Protection in Practice series, this article offers practical guidance for brand owners on tackling counterfeits. It gives an overview of the main enforcement routes available and explains how they can work together.
Counterfeiting is a significant problem for brand owners. A recent Border Force report on IP crime trends noted that, between 2021 and 2023, counterfeit goods worth more than £500 million were seized at the UK border, with trade mark infringement being the most common IP issue. Counterfeiting has likely only increased since.
Counterfeit goods are distinguishable from similar types of IP infringement such as dupes (third party products with different branding which appear similar to the market leader) and parallel imports (genuine branded articles imported from outside the UK). Unlike these articles, counterfeit goods are simply flagrant unauthorised copies (or “fakes”) of the genuine product.