Address counterfeit issues: Commission

 By ERIC BALARIA

THE issue of counterfeit products must be addressed, the Independent Consumer and Competition Commission says. 

The commission said this included the understanding of the law governing counterfeit goods, and the role of agencies in ensuring effective consumer and business protection from the importation, production and sale of counterfeit products.

“On the issue of counterfeit products, the sale of counterfeit products affects both genuine businesses and consumers’ welfare,” the commission said.

“Counterfeit products are likely to infringe on intellectual property rights, trademarks and designs of businesses whose products are being mimicked.

“Businesses affected should report this to appropriate agencies.

“The Intellectual Property Office of the Investment Promotion Authority is one such authority which enforces laws governing this matter.”

The commission said under the ICCC Act 2002, there was no specific provision banning counterfeit products. It means that the commission did not have the powers to remove counterfeit products from shops just because they are fake.

“For the commission, or any agency to remove or seize counterfeit products, it must have the legal basis to act,” the commission said. 

“Otherwise it can be sued for acting outside its jurisdiction. There are exceptions where the commission can look into counterfeit product complaints. 

“These are dealt with on a case-by-case basis. 

“The exceptions are not unique to counterfeit product in that the same degree of scrutiny applies to genuine goods (non-counterfeit products) as well.”

ICCC said it could only investigate if a counterfeit product did not meet the requirement of its interim ban on non-English labelling.