Anti-counterfeiting: handle with care

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Anti-counterfeiting: handle with care

Thanks to the Anti-Counterfeiting Group for alerting us that today is World-Anti-Counterfeiting Day (at least in the UK – apparently the occasion takes place on other dates elsewhere)

Heathrow airport

The ACG is marking (or in its words celebrating) World Anti-Counterfeiting Day with an enforcement-training event at Heathrow Airport, where new techniques will be showcased. Officers from the UK Border Force, HMRC, police and Trading Standards are participating. “This reflects the significance placed by enforcement authorities on training and ensuring officers are equipped with the necessary skills to combat this evermore-dangerous criminal activity,” says ACG’s press statement.

This is the 20th such training event to be held at the airport (right), which is one of the world’s busiest: it handled nearly 75 million passengers and 1.5 million metric tonnes of cargo last year.

Meanwhile, over in Alicante, OHIM (through the Observatory on Infringements of IP Rights), Europol and Eurojust are this week hosting an event (below left) on fighting counterfeit cosmetics, perfumes and luxury goods. The three-day meeting follows a recent report that these industries lose an estimated €5 billion each year to counterfeits.

One of the aims of the Alicante event is to “reinforce operational ties between enforcement authorities and businesses”. It has also led to the creation of a European IP Prosecutors Network, covering the EU member states, Norway and the USA.

Customs and private investigators

OHIM Europol event

The importance of cooperation between public and private sectors was made clear at a breakfast seminar on IP in emerging markets, which I attended at the London office of Hogan Lovells this week. Lawyers from Mexico, Russia, Hong Kong and the UAE stressed the vital role that Customs officials and private investigators can play. But, as Peter Hansen of the firm’s Dubai office said, there is a fine line between cooperation and what he called “funny business”.

For example, making a test purchase of a small amount of counterfeit goods in a market should be above board, but placing a larger order with the seller could amount to entrapment, and even constitute aiding and abetting crime. Similarly, when working with public officials, most people would agree it is OK to provide free training and workshops, and short presentations about trade mark rights and wrongs. But is it also acceptable to offer samples or other gifts, and buy meals or drinks?

These questions are becoming more relevant as governments worldwide tighten up laws on bribery and corruption, and more countries sign up to the OECD Anti-Bribery Convention. In the UK, for example, the 2010 Bribery Act expands both the definition and geographical scope of bribery, as well as providing heavy penalties. Bribery of foreign public officials is a distinct crime under the Act.

Russell conjugation

Hogan Lovells seminar

Effective cooperation with enforcement authorities and constructive use of investigators are becoming more important in tackling counterfeits, especially as public resources are stretched and counterfeit trade spreads. But it’s also vital that all parties involved are clear about, and monitor, what is acceptable behaviour. 

This is not always straightforward. Readers might be familiar with the so-called emotional conjugation, coined by the philosopher Bertrand Russell, which mimics an irregular verb. Examples include “I am firm; you are obstinate; he is a pig-headed fool” and (from the BBC TV comedy series Yes, Minister) “I have an independent mind; you are eccentric; he is round the twist”.

Well, what about this one? “I provided a service; you offered a gift; he paid a bribe.”

In recent years companies such as BAE, GSK and Goodyear have been targeted by bribery and corruption investigators, with some very expensive results. IP owners should avoid complacency and make doubly sure they’re not next in the firing line.

more from across site and SHARED ros bottom lb

More from across our site

While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Gift this article