Counterfeit is an old problem that has plagued governments and consumers since time in memorial. It refers to the unauthorized reproduction of commodities making them seem like they are from the legitimate source. Counterfeiting is an interstate and international business and hence has gained the regulation of the federal governments in countries. The crime violates all intellectual rights on properties owned by individuals that insist that the owner of such assets have a sole mandate over them (Withers, 2014). The crime has caused tremendous problems in the United Emirates, specifically in Dubai. Dubai remains an important city for marketing in the Middle East for all international brands and more precisely in fashion products. Furthermore, it is also an international point for transiting genuine products, but following its business-friendly logistics and shipping, the city has attracted many counterfeit exporters. The following paper discusses counterfeit goods in Dubai and how the country handles them.
Intellectual Property
Intellectual property refers to the product of human intellect that entails concepts of creativity, industrial models, trademarks, inventions, songs, symbols, literature, names, etc. The rights are hardly different from those of other properties as they seek to have the owner ultimately enjoy the benefits that accrue from their products that emanated from ideas but proceeded to crystallize (IPR, 2016). The intellectual rights serve to protect the owners of such products from exploitation by others in the sense of dealing and tampering with these commodities without consent from the proprietor. Counterfeiting is a legal offense hence allowing the owner the rights to sue any person that violates this law (IPR, 2016). Protection of the intellectual property entails allowing innovators or rather the brand owners or copyright holders the chance to fully benefit from their labor, investments, and work although it does not imply granting them a monopoly in the intellect sense(IPR, 2016). However, it is not only safe to say that one violates the intellectual rights by counterfeiting products, but rather to define what rights they offend apparently. As earlier mentioned, Dubai is a market hub for international commodities and especially those in fashion.
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Rights Violated By the Counterfeit Goods
Therefore, what rights does one infringe when they counterfeit such products like sunglasses and purses? Well, first it is well to understand that the intellectual property exists in two main divisions that entail the industrial property which include trademarks, inventions, industrial designs or models as well as the geographical indicators of source. The second category involves the copyright that includes artistic and literary works such as novels and plays, paintings, musicals and architectural designs (IPR, 2016). A trademark is a sign that makes goods individual to a particular enterprise and serves to distinguish them from other products of the competitors (IPR, 2016). The trademarks are registered in the Dubai customs under the protective rights for all intellectual rights. Trademarks act as binding legal documents that maintain an individual or enterprise is dealing in certain commodities with a particular condition and hence a person that counterfeits the products will be violating this right. Therefore, any form of tampering or dealing in the products of the above individual or enterprise without prior consent from the owners will be a legal offense worth legal punishment according to the customs department of Dubai (IPR, 2016). However, some measures have been put forth that serve to deal with the counterfeit products in the country.
How Dubai Deals With Fake Products
The commercial compliance and consumer protection under the economic development department in Dubai have had incredible progress in their endeavors to protect the rights of all trademark owners in the country. The department confiscated sixty-three million pieces of different counterfeit products worth Dh1.01 billion in the year 2015, which is an increase of the thirty-seven million pieces seizure made in the previous year (Staff, 2016). The success comes from closer monitoring of the market that seeks to maintain Dubai as a competitive trading hub and destination for investment giving a sharper focus on the rights of intellectual property (Staff, 2016). In fact, the close monitoring of the market is the main path that Dubai uses to curbing counterfeits in the country and has gained renown fame across borders being ranked 22nd globally in the protection of such rights (Staff, 2016). The department for economic development has aliased with the federal department as well as the local authorities and also the private sector to oversee the shipments that enter and leave the country to ensure that they reduce counterfeit products at all costs and remain to top the ranks (Staff, 2016). The eyewear topped the confiscated goods list with regards to value having a value of about Dh171 million with the accessories coming in second with a value of Dh 139 million and the counterfeit phones third with a value of Dh 132 million (Staff, 2016). According to Rashed Ali, the Executive Director of the CCCP, the CCCP maintains a close watch on the rapid changes in the supplies market tracking wholesalers and suppliers in a bid to trace where the counterfeit products emanate from (Staff, 2016). Rashed further deliberates on the expansion of the department for economic development in Dubai with the private sector as a significant move towards curbing the menace of counterfeit products in the country. The private sector expansion primarily entails the owners of trademarks and law firms that help maintain the country as a remarkable environment for the IP rights (Staff, 2016). Such attempts by the DED have proven fruitful judging from the numbers showing a decrease in the violations of intellectual property rights from 5,897 to 5,101 in the year 2014, which is a significant drop of 13% (Staff, 2016).
The previous two years have marked a descending pattern in the carrying of fake commodities courtesy of the Dubai customs assuming a vital part in the stopping of counterfeit products movements as well as attempts that may damage such kinds of properties. The customs of Dubai concentrate on protecting all consumers from the environmental and health dangers that come from the counterfeit commodities. The customs remain firm against all moves whether speculative or not; that violate the rights of intellectual properties (Webster, 2015). One significant thing with the country regarding the issue is the usage of advanced technology by the policies and legislation division of the customs department in Dubai in checking. It further employs the most recent Information Technology implementations when it comes to inspecting and providing consistent support to the employees and hence make the inspection processes more efficient and faster (IPR, 2016). The technology is evident following that the country department charged with the tasks of conducting such investigations has developed a checking bag commonly known as the smart bag. The principal purpose of the bag is to give inspectors at airports and other checkpoints necessary information regarding the tools in the baggage of the travelers. The smart bag is the first of its kind helping the customs department in Dubai make enormous strides towards taming the menace of counterfeit products and services in the country (Webster, 2015).
As mentioned earlier, the customs department in Dubai does well to work with other sectors such as the local government and the private sector towards the same course in dealing with these counterfeit commodities. It is highly convinced that ensuring a counterfeit free area will surely boost its financial profits as advised by the financial specialists in the country. Moreover, such professionals continue to advise Dubai as the home for all their operations where they also monitor markets in an attempt to detect the fake products (Staff, 2016). Another pertinent move under the same operations is the addition of hallmarks to the products as a method of distinguishing them from other goods and hence enables them to distinguish the fake from the originals. In case the department spots the counterfeit commodity, it will proceed to destroy it as per the dictation and guidance of the law. It remains an important thing to maintain the rates of passage of the counterfeit products via the country as well as their sell in the same. The authority has employed the above methods in their stringent possible manner to curb the problem of fake commodities in Dubai. The methods have worked with continued improvements.
Risks of Using the Fake Products
The authorities in Dubai have endeavored to make the public aware of the problems associated with usage of fake commodities. In alliance with the medical sector, the authorities in charge of dealing with the counterfeit products have proceeded to make the public aware of the medical adversities that tag along with such product usage. According to (Webster, 2015), the intergovernmental policing chairman spoke at the Emirates conference aimed at combating drug counterfeits saying that usage of counterfeit drugs was a threat to the entire masses in public. Health institutions must thus endeavor to speak in hospitals and schools on such medical issues that accrue from the usage of counterfeit commodities.
A federal law exists in Dubai that renders a harsh punishment for any person caught in dealing with fake products, commercial fraud, theft of the intellectual property as well as other related offenses that seek to cause a hitch in the economy (IPR, 2016). One runs the risk of detainment of p to two years in jail with a Dh 1 million fine (Withers, 2014). The new law does well to save extreme measures taken on offenders of pharmaceutical and food counterfeits. Individuals that bargain in fake commodities outside the scope above get a fine of up to Dh 250,000. People that import, deal with unlicensed merchants and provide fake goods in the Country risk fines of Dh 5,000, DH 15000 and Dh 20,000 respectively (Withers, 2014).
The government does not stand any nonsense and follows to close down the stores that deal with fake products as well as canceling the trade licenses of the interested participants (Followill, 2016). On the other hand, the law demands that a person serves a two-year jail term with a Dh 10,000 maximum penalty for cheating the customer. The company involved must also be sued and compensate for any financial damages under the intellectual property rights law. Dubai seeks to put more pressure on the counterfeit goods and every person dealing with them in the future and more so because of the upcoming World Expo in the year 2020(Withers, 2014).
It is imperative that people avoid the fake products and more so those that involve bodily contacts like perfumes and cosmetics. The same goes for electrical goods and auto parts because they result in health problems to their users. Avoidance of usage discourages the dealers in these commodities who will have to take different routes courtesy of a falling market.
Counterfeit products are a global menace that infringes the legal rights of trademark owners. The goods are dangerous because they hardly bear the same quality as the initial but are only a representation of the latter. Dubai is a large city that makes good for international trading and investments and as such has attracted many dealers in counterfeit commodities. However, the country has done extremely well to deal with the problem and continue to fight against it entirely.
References
Followill, P. (2016). Counterfeiting Laws and Penalties | Criminal Law . CriminalDefenseLawyer.com . Retrieved 10 November 2016, from http://www.criminaldefenselawyer.com/crime-penalties/federal/counterfeiting.htm
IPR, (2016). Retrieved 10 November 2016, from http://www.dubaicustoms.gov.ae/en/Publications/Publications/IPR_BOOK_Eng.pdf
Staff, (2016). Dubai's anti-fake drive nets Dh1 billion worth of goods . Emirates 24|7 . Retrieved 10 November 2016, from http://www.emirates247.com/business/economy-finance/dubai-s-anti-fake-drive-nets-dh1-billion-worth-of-goods-2016-01-14-1.617195
Webster, N. (2015). People need to know about dangers of buying fake drugs online; Dubai conference hears | The National. Thenational.ae. Retrieved 10 November 2016, from http://www.thenational.ae/uae/health/people-need-to-know-about-dangers-of-buying-fake-drugs-online-dubai-conference-hears
Withers, K. (2014). UAE law gets tough on counterfeiting | The National. Thenational.ae. Retrieved 10 November 2016, from http://www.thenational.ae/business/industry-insights/economics/uae-law-gets-tough-on-counterfeiting
