COUNTERFEIT PACKAGING MATERIALS

In 2019, packaging materials were the third most frequently encountered counterfeit articles seized at the EU’s external border, continuing the trend from 2018 . In 2020, it was the top category . In 2020, packaging materials were also among the five most frequently encountered categories of counterfeit articles seized in the internal market, together with the category of labels, tags and stickers. The most commonly infringed IP violation in relation to packaging materials detained in 2020 were ‘trade marks’ (53 %) and ‘designs’ (46 %). In 2019, the main non-EU countries of provenance for these types of counterfeit products were China , followed by India and Turkey . India and Turkey did not appear as countries of provenance in 2020, while China (including Hong Kong) still appeared in 2020. Moldova is a source country for packaging materials for cigarettes. Packaging materials, logos and labels are usually shipped separately from the counterfeit goods . These production materials are not monitored or regulated at national or EU level. The packaging shape and dimensions as well as the fidelity of the product labelling can be an indicator of counterfeit products . However, in many cases, the counterfeit packaging is indistinguishable from the genuine product, which means that some IPR infringements go unnoticed . Counterfeit products are mainly produced outside the EU and are imported as finished products. However, the frequent seizure of counterfeit packaging materials on entry to the EU clearly points to the presence of manufacturing facilities within the EU. The importation of semi-finished products and packaging components has been increasing . The recurrent appearance of packaging material in the top three of the most detained counterfeit items at the EU external borders indicates that certain goods are eventually assembled and distributed in the EU. Taking advantage of the cheaper production methods and improved technology, counterfeiters have moved into the production of everyday goods . Production sites have been discovered in many Member States and include laboratories producing pharmaceutical products, factories labelling counterfeit clothing and luxury goods, facilities producing and repackaging illicit pesticides, facilities producing illicit cigarette, factories refilling both authentic and fake empty bottles of alcoholic beverages, facilities producing and packaging fake food products and clandestine factories repackaging fake perfumes. Authorities have also discovered machinery such as high-tech printers used to print copied labels and packaging material with high-quality resolution, cutting machines, and press machines This trend explains the large seizures of counterfeit labelling and packaging materials at the EU’s external border and the discovery of printing equipment . Counterfeit items are often completed following several production steps carried out at different locations within the EU in order to reduce the risk of detection . However, the components are typically supplied from non-EU countries as part of legal trade. Criminals develop marketing and distribution strategies, including online sales, and also attempt to infiltrate legal supply chain.

Products

1. labels
2. logos
3. packaging components
4. packaging fake food products
5. packaging materials
6. packaging materials for cigarettes
7. refilling both authentic and fake empty bottles of alcoholic beverages
8. repackaging
9. repackaging fake perfumes
10. tags