The 5Ps you Should Scrutinize to Avoid Buying Fakes

May 16, 2020

Distinguishing between fakes and originals may be difficult for any consumer especially as counterfeiting techniques are increasingly becoming sophisticated that many cases would require the use of certain technologies to be sure. 

Nevertheless, there are basic precautionary measures that can help consumers prevent falling victim to the illegal trade, or at least detect fakes at the early part to be able to discontinue their use.

Members of the National Committee on Intellectual Property Rights (NCIPR) gathered international best practices and provided their own inputs based on experiences gained from seizure operations to help consumers buy products that are genuine and safe for their health and their households. 

1. Packaging - Often, the most common indicators of fake items are found in the packaging itself. You are most probably offered a fake item when its packaging satisfies at least one of the conditions below
   1. • Has grammar error or  misspelling, for instance, of brand names, ingredients, among others; 
      • Has poor print quality such as faded logo;
      • Does not have certificate product registration seal;
      • Has no best-before date indicated when such is applicable to the item, for example food, medicines, or beverages (while more of a precautionary measure on health safety rather than on avoiding counterfeits, it is advised that consumers double check the expiry and reject purchasing items sold past this date even with the huge discounts with which these items are usually offered);
      • For items which are meant to be sealed, it is not sealed well or the seal has tear;
      • Has no marks of machine grips and the seals or signs are uneven.
2. Price - If it is significantly cheaper, it is most likely either a counterfeit or defective. Check how they are priced in reputable stores or as stated by manufacturers themselves. Such information can be obtained from advertisements or company websites. 
3. Product - Often the tell-tale signs of a fake is in the product itself when the item you bought is different from the kind of product you have been used to, whether in color, shade, size, shape, smell, taste (if applicable), or quality, in general. 
4. Promotional message - If it is advertised as something to be too good to be true, it probably is. Exclusive distributors and manufacturers strive to promote product items uniformly and screen promotional messages. Such practices help them avoid releasing any erroneous information on the product or raise false expectations on the benefits of the product. 
5. Place - Online trade has definitely made weeding out counterfeit items from the marketplace a daunting task for consumers and law enforcers as (1) it is hard to check products through advertising photos; (2) photos used to advertise a product  may not even represent the actual items; and (3) the anonymity culture within online marketplaces makes it very difficult for consumers to seek refunds or for law enforcers to  capture violating sellers, let alone knowing their identity. 

This is why the Intellectual Property Office of the Philippines (IPOPHL) is coordinating with local online market platforms to ensure IP rights are respected even in their virtual worlds. IPOPHL has also proposed amendments to impose steeper penalties on counterfeiters and pirates. 

But pending a law with sharper teeth, online selling will continue to be a challenge to law enforcement.

As such the NCIPR advises consumers to buy directly from registered manufacturers, exclusive authorized distributors, and retailers who are cited by brand owners and concerned government agencies. And where a seller claims to be an exclusive distributor, it is better to verify with manufacturers.

In addition to these five basic tips, the NCIPR also has a few product-specific precautionary tips for the public:

LPG cylinders - Based on previous operations, liquefied petroleum gas cylinders are highly likely to be counterfeit or substandard when the marks of the body are already worn out and faded, and the seal on the valve is generic or does not contain the manufacturer's brand logo at all. 

Standard marking as required by the Department of Energy should be visible on the LPG cylinders. Otherwise, they did not pass quality product standards for use. 

Apparel - it is quite challenging to notice the difference of a counterfeit shirt from an original one since it is easy to imitate stitches and logo. However, in some cases, careful and thorough examination can reveal the poor stitches, design and craftsmanship. 

Bags, shoes and pouches - seeing the poor and loose stitches are more conspicuous with bags, shoes and pouches. 

Cigarettes - most common among counterfeit cigarettes is that their packaging miss the product codes or watermark logos which cigarette producers commonly use as security features. The tax stamp on the packaging of cigarettes also has special security codes which can be identified by experts. 

Extreme caution when purchasing amid a crisis

At the October 2019 ceremonial destruction at Camp Crame, an NCIPR staff member is about to slice through a counterfeit Louis Vuitton bag with a cutter. Photo by Jeanyn Santiano. 

While these tips seem basic, many often forget to take precaution, thus should be reminded time and again. Taking extreme caution is a practice we need when making purchases especially amid expectations of a wave of counterfeit selling that will be brought about by the COVID-19 crisis. 

Apart from adding an extra layer of wariness when shopping in these times, consumers are encouraged to take the bold initiative of reporting such fraudulent incidents to authorities who, in turn, will elevate concerns to intellectual property (IP) rights holders. 

If you have strong suspicions over the authenticity of your purchases, you can file a narrative report with the 12-member NCIPR through emailing ncipr.secretariat@ipophil.gov.ph or the IP Enforcement Office of the IPOPHL at operations@ipophil.gov.ph. Leaving your name and contact details is also encouraged for authorities to be able to further inquire about your report. 

The NCIPR, which is steered by IPOPHL as vice-chair, is primarily tasked to formulate and implement plans and policies, as well as enforce the IP law in the country by going after violators and ridding the market of fake goods. The agency is chaired by the Department of Trade and Industry which is a primary implementing agency of Republic Act 7394, known as the Philippine Consumer Act of 1992. ### (Janina Lim, Media Relations Officer) 

Most of the inputs were provided by the Anti-Fraud and Commercial Crime Unit of the Philippine National Police's (PNP) Criminal Investigation and Detection Group while the PNP's Directorate for Investigation and Detective Management also contributed to the article. The International Criminal Police Organization's safety tips to avoid purchasing fake medicines was also an inspiration to the creation of this article.