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PLAGIARIUS-AWARD 2005

Initiated back in 1977 by Prof. Rido Busse, the negative award "Plagiarius" serves to inform the public – designers and enterprises as well as politicians, legislators and not least consumers - about the problem of fakes and plagiarism and the negative impacts they have on the economy. The award reveals the impudence and unscrupulousness of the imitators. Due to a lack of their own creativity and notably driven by greed they copy 1:1 innovative ideas of others and pass the imitations off as their own creative achievement. Aim of “Plagiarius” is therefore to sensitize all parties affected for a more conscious and critical way of dealing with the topic of “original and plagiarism”.

Action Plagiarius gives the negative award at the annual “Ambiente” trade fair during a press conference. The award is given to those companies that the jury has found guilty of making "the most flagrant" design imitations. As his key figure, Busse chose a gnome, which he painted black with a gold nose to signify the “illicit earnings from product imitation”.

The European Commission estimates that 7-10% of world-wide commerce are fakes and plagiarisms and that copying products causes worldwide economic losses of $200 to $300 billion as well as the loss of 200,000 jobs each year. The figures are alarming and have given the topic adequate seriousness. For a long time the problem of brand and product piracy has been considered as a peccadillo – now, with these fast growing numbers plus the fact that a correlation between product fakes and terrorism has been revealed, it has become a major problem that governments world-wide have to face.

Factors such as global competition, modern technologies and increasingly short-lived products lead to shorter and shorter product life cycles that hardly allow the innovators to achieve their breakeven points. Enterprises get under increasing pressure to create new products, trends and outstanding experiences. The moment these promising ideas are presented at trade shows not only the necessary sales starts but often in parallel the production of fakes and plagiarisms is working flat out. Against this background Action Plagiarius constantly points out the significance of Intellectual Property Rights (IP Rights). Registered IP Rights (technical patents, design patents, trademarks etc.) allow designers, inventors and innovative enterprises to recoup the investments made in Research, Development and in Marketing. This return on investment is an essential prerequisite for future investments in the development of new products – new originals. Only these will create progress, competition and jobs.

Responsible for the disastrous extent of the problem of brand and product piracy are not only the producers – often from the far east – and the distributors. The main person in charge is the originator of the fakes and plagiarisms, who often is not an asian company but rather the German, European or American competitor of an innovative enterprise. By giving the order for the cheap production of specific products the originator intends to make a bargain on Western markets. It is therefore crucial to consider the total value chain and to control every participant in the process and to call every single one to account.

The last element of the value chain are the consumers. Mostly they are betrayed into buying fakes or plagiarisms unknowingly and promptly experience the negative impacts of the inferior goods. As the imitators often neglect any standards concerning quality, ecology and safety, people’s health and even life are in danger. Examples are medications without any active substances, defective spare parts that cause accidents, toys and textiles that are produced with poisonous or allergy-causing colours or fibres, electronic goods that are inflamable etc.

However, some consumers purchase imitations in the full awareness that these are fakes or plagiarisms. They put up with the fact that they will receive a product of inferior quality plus that they damage the image and ROI of the original producer. Most popular are souvenirs bought in one’s holidays, bargains from flee markets but also anonymous purchases via the internet.

The consumers should be more critical, develop a higher consciousness for quality and not base their decisions on price only. If they would not show any kind of interest in fakes or plagiarisms – if there would be no demand at all – the incentive for producing imitations would be much lower.

All parties involved are challenged to gain conrol of the problem by adjusting their views and by initiating anti-counterfeiting activities.

The Jury of Plagiarius 2005:

Each year the jury is put together individually with specialists from the sectors Design, Intellectual Property, Economics, Media etc. The following persons formed this years' jury:

Johannes Graf Esterházy
Director Brand Integrity, Western Europe,
Philip Morris International Management S.A., Lausanne, Switzerland

Lisa Maria Franke
Managing Director, Bayern Design GmbH, Munich and Nuremberg

Dr. Karlmann Geiss
Former President of the Federal Supreme Court (Karlsruhe), Ulm

Manfred Kohnke
Chief Editor Gault Millau, Christian Verlag GmbH, Munich

Dr. Rolf Schultz-Süchting
Lawyer, Chambers Schultz-Süchting, Hamburg

Antje Sedemund-Treiber
Former President of the Federal Patent Tribunale (Munich), Wachtberg

Dr. Lutz van Raden
Judge at the Federal Patent Tribunale, Munich

Sabine Zentek
Lawyer and Publisher, Dortmund

Legal advice:
Dr. Aliki Busse
Lawyer, Chambers Busse & Partner, Munich


The Prize-Winners of Plagiarius 2005:

The Jury met on January 22, 2005. Three prizes, six distinctions and one special prize have been awarded; total entities: 30.

1. Prize: Tab for a Washbasin "Tara Classic“
Original: Producer: Aloys F. Dornbracht GmbH & Co. KG, Iserlohn, Germany
Design: Sieger Design, Sassenberg, Germany
Plagiarism: Producer: Perfect Design Creator Intl. Co. Ltd., Taipei, Taiwan
Sales: After the Plagiarius award ceremony Dornbracht and the German distributor have found a mutual agreement – the plagiarism has been withdrawn from the German market

2. Prize: Level Measurement Radar „VEGAPULS 51-54”
Original: VEGA Grieshaber KG, Schiltach, Germany
Plagiarism: Beijing Ripeness Sanyuan Instrumentation Co. Ltd., Beijing, China

3. Prize: Etagère „Babell“
Original: Koziol >> ideas for friends GmbH, Erbach, Germany
Plagiarism: Sagad S.C., Kobylka, Poland

Six „Distinctions“ (equal in rank) were awarded to:

Full Globe (Lights) „MFL 350“ and „MFL 550“
Original: Moonlight GmbH, Wehr, Germany
Plagiarism: BEGA Gantenbrink-Leuchten KG Deutschland, Menden, Germany

Egg-Opener "Clack"
Original: Take2 Designagentur GmbH & Co. KG, Rosenheim, Germany
Plagiarism: Boehringer Ingelheim Pharma GmbH & Co. KG, Ingelheim, Germany

Synchronous Motor "Elektra"
Original: Trietex GmbH, Efringen-Kirchen, Germany
Plagiarism: Producer: Qing Ying Enterprise, Shanghai, China
Sales: Forest Group B.V., Oeventer, The Netherlands

Proportional Pressure Regulator “MPPE-3-1/8-10-010B”
Original: Festo AG & Co. KG, Esslingen, Germany
Plagiarism: Wuxi Hengli Hydraulic & Pneumatic Co. Ltd., Hudai Town of Wuxi, China

Egg-Cups “Speedy & Friends”
Original: Casablanca GmbH & Co. KG Modernes Design, Bocholt, Germany
Plagiarism: Producer: Rosco International Corp., Taipei, Taiwan
Sales: After the Plagiarius award ceremony Casablanca and the Ger- man distributor have found a mutual agreement – the plagiarism has been withdrawn from the German market

Water Dispenser "Lite"
Original: AdHoc Entwicklung- und Vertrieb GmbH, Mannheim, Germany
Plagiarism: Producer: Ningbo Easy Houseware Co. Ltd., China
Sales: XENOS, Waalwijk, The Netherlands


The following "Special Prize" was awarded:


Special Award for a Series Perpetrator
Ceramics-Line: Vases "Barrique" (7 pieces)
Original: Scheurich GmbH & Co. KG, Kleinheubach, Germany
Plagiarisms: Chengda Porcelain Art Fty, Chaozhou, China

The award ceremony of „Plagiarius 2005“ takes place as follows:

„Ambiente“ Fair, Frankfurt
Congress Center, Messe Frankfurt (Fair), Room „Illusion 1-3“
Date: Friday, February 11, 2005, 11:30 h.

The laudatory speech on the prize winners is held by Dr. Michel Friedman, Lawyer, Publisher and President of the Keren Hayesod Deutschland – Vereinigten Israel Aktion e.V., Germany.

The Plagiarius prize winners 2004 + 2005 will be presented at the Special Show "Plagiarius" from February 11-15, 2005 at the Foyer 4.1 (Hall 4, level 1).


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