However, the size of this seizure of merchandise is evidence that these measures simply do not work. Despite existing laws, consumer demand for these products remains high.
The ultimate solution to the counterfeit and fakes problem is to convince people to stop buying them. This seems to be a reasonable approach, but the volumes reported in counterfeit products indicate that this is not likely to happen on a voluntary basis. There is already a considerable amount of press regarding how to spot a fake and the dark side of the business, but consumers still continue to purchase fakes. Sometimes they make the purchase by accident, but many times, they intentionally seek out these cheap imposters.
Stronger measures are needed to bring the black market to a halt. If consumers are not willing to do it themselves, then laws need to include the consumer as a target for potential legal ramifications for possession of a fake. If people could face legal recourse, it would significantly curb those that intentionally seek out fakes through dealers.
Of course, the down side is that it may punish unsuspecting victims of fraud, but the law would also make people more wary and careful in their purchases. There are those who may oppose such a drastic measure for fear that it punishes the victim instead of the criminal. However, if counterfeit products are made completely illegal, possession would be similar to possession of illegal drugs. People know that it is illegal, so they simply choose not to do it. The same type of thought process could also work for the possession of counterfeits and fakes. Public awareness campaigns have been ineffective and have done little to curb the sale of counterfeits and fakes. More drastic measures are needed to stop the sale of fakes and counterfeits.
The market for fakes and counterfeits continues to feed an unscrupulous side of the global economy. The only way to end sweatshops is to take away their market. If there were no market, they would have no incentive to continue to produce fake merchandise....
They would have to find something else to do with their day. It is apparent that extreme counter measures are needed to help curb the growth of the counterfeit industry. Current measures are not enough and more must be done to disrupt the market cycle.
The introduction of more drastic measures to help curb the counterfeit and fakes market is the only action that will have a dramatic and immediate impact on reducing sale of counterfeits and fakes. With no customer base, the industry would soon simply go away. The world of counterfeits and fakes is much like the world of narcotic drugs. Only rather than involving the seedier side of society, this market hits the upper class suburbanite with more money and time on her hands than she knows what to do with. However, other than the demographics involves, there is little difference between this and the drug trade. A tiered set of legislature that targets all levels of the market is an effective way to curb sales. The proposed legislation would place penalties on those who owned fakes, but it would place stiffer penalties on those who distributed the merchandise. Often the manufacturer in this case is overseas and is difficult to reach legally. The only defense against them is to take away their market. This legislation would effectively reduce the number of fakes and counterfeits on the market by increasing the risks for everyone.
Works Cited
Goodwin, J. The Human Cost of Fakes. Harper's Bazaar. January 2006/. Reprinted in Do We Need an Ethics of Buying?
Law, P. A Call for More Sweatshop Labor. The Columbia Daily Spectator. Columbia University. January 26, 2005. Reprinted in Do We Need an Ethics of Buying?
Murphy, S. Cache of knockoff bags triggers federal case. November 4, 2005. Boston Globe. www.boston.com/news/local/Massachusetts/articles/2005/11/04/cache_of_knockoff_bags_triggers_federal_case / http://www.boston.com/news/local/Massachusetts/articles/2005/11/04/cache_of_knockoff_bags_triggers_federal_case / Accessed November 11, 2008.
