Copyright is an act of the law that gives rights to the creators of musical, literary and artistic works and producers of films and sound recordings. In real sense it is a number of rights including, rights of reproduction, inter alia, translation of the work, adaptation and communication to the public.
Italy is best known for its fashion with the likes of Gucci and Armani being some of the most notable fashion collections. However, despite their high status they are not exempted from forgery and counterfeiting. This designer clothing are expensive to buy for just anyone thus the illegal production of these clothing.
Gucci and Armani have been the worst hit by counterfeiting with their illegal products all over the world. Since Gucci and Armani are designer labels people want them even more thus their price is high compared to other clothing. So when cheaper knock-offs arrive in the market they tend to fair well because even the low income earners and the middle class at large can access them.
The sale of these cheaper knock-offs has led to unimaginable losses for designer labels such as Gucci and Armani. This has affected the sales in most parts of the world with designers opting not to sell their products to some countries well known for counterfeiting. This however, has not improved their situation as their products are still being counterfeited and their still making huge losses.
Designer clothes such as those made by Gucci and Armani are an individual creation, a work of art that an individual thought of and made, this makes counterfeiting an act of stealing someone’s work. Intellectual property seeks to protect this kinds of creations by providing strict rules and laws against it.
An example of Intellectual property was when Gucci was awarded 142 million dollars in suit they won against a company that had counterfeited and sold their product as their own. In this suit Gucci pledged intellectual property claiming the rights to property that was being distributed by the company.
Gucci’s win of the law suit displayed the power of intellectual property in the fight against counterfeiting. The amount that was paid to Gucci is just but a small portion compared to the losses they have incurred over the years. Most counterfeiting companies and agencies are anonymous making it hard to find and prosecute them.
The fight against counterfeits is not only against those making the products but also those who distribute and supply it. The intellectual property seeks to prosecute anyone involved with the counterfeit products.
Just recently one of the largest trading sites was sued for selling counterfeit products. Ali Baba is a well-known trading site and was recently sued by various customers and designers for stocking and distribution of counterfeits. This could result in hefty fine or the closure of the trading site indefinitely.
The war against counterfeits has gone beyond the makers themselves now even the customers are involved. Intellectual property has been found to also target those found buying counterfeit products. Gucci and Armani urge customers to buy their original products to avoid incidences of law suits.
Armani over the years has lost large amounts of money to counterfeit suits. Tailors download the Armani logo print it on fabric then make cheap suits and insert the Armani logo. This has resulted in losses over the millions and it is still going on as we speak. It has been difficult for authorities to find and prosecute these tailors.
Since the introduction of intellectual property counterfeiting has reduced substantially but more still needs to be done especially in countries such as China where intellectual property is not fully implemented and remains the largest producer of counterfeit products ranging from phones to fashion.
Intellectual property has seen the increase in sales of designer clothes with customers being more aware of counterfeit products. This has seen the increase in profits of designer labels such as Gucci and Armani. This though does not mean that counterfeiting has stopped with counterfeiters coming up with new ways of production.
In real sense the war against counterfeiting has just began with the rise in technological advancements, the ability to imitate and produce a product of the same likeness has been simplified. Efforts to implement certain tags or bar codes on the designer clothes proved useful for a while but were also soon copied.
Gucci and Armani are just two of the worst hit label names. Others like Louis Vuitton have also been victims of counterfeiting with their cheap knock off readily available in the market. Stringent measures have been taken by some governments to ensure the death of counterfeiting but have all been in vain.
According to the Design Piracy Prohibition Act Intellectual property (2006) aims to eradicate counterfeiting by targeting the market where the counterfeits are required. The law aims to find and prosecute anyone found buying, selling, making or even wearing a counterfeit product. This is believed to deter customers from buying counterfeit products and in turn lowering the sales of counterfeiters.
With its introduction intellectual property seeks to improve the market for original products. This encourages creativity among the population leading to creation of wealth and jobs all around. With this new law one is able to come up with a product and patent it as their own.
To companies like Gucci and Armani intellectual property act has come as a light at the end of the tunnel. They are able to make profits from their own products. Many Italian companies have shut down from losses incurred due to counterfeiting with most of them being the fashion industry.
It has been proven that the fashion industry is the worst hit by counterfeiting. The need for cheaper designer clothes has led to the increase in counterfeiting thus intellectual property came as a saving grace to the fashion industry.
Doctors alike have found intellectual property to be a saving grace as counterfeits are dangerous to one’s health as the fabric used to make this counterfeit clothes is laced with dangerous chemicals that are harmful to the human body. Since the clothes are counterfeits they do not undergo health inspection and thus pose a great threat to human health.
Fashion designers such as Gucci and Armani have applauded the efforts made in the fight against counterfeiting. They have also stated the need to improve on other existing laws on counterfeit products. They have also insisted on the cooperation among countries to fight counterfeit products.
The war on counterfeit products is a long one. Counterfeits will always be available as long as there is a market for them. It is essential for designers to understand the need for counterfeit products among the populous and thus they should learn why the population prefers counterfeits to original products.
In conclusion, though intellectual property may come as the light at the end of the tunnel a lot still needs to be done on the war against counterfeiting. Designer labels should come up with pocket friendly clothing to eliminate the need and market for counterfeits. This step I believe will help curb the rise of counterfeits.
References
Design Piracy Prohibition Act: Hearing on H.R. 5055 before the Subcomm. On Courts, the Internet, and Intellectual Property of the H. Comm. on the Judiciary, 109th Cong. (2006), available at http://www.copyright.gov/docs/regstat072706.html -N_2_
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