INNOVATION VS. IMITATION –
PLAGIARIUS 2007
Exactly 30 years ago, back in 1977, designer Prof.
Rido Busse established the negative award “Plagiarius”
and has since carried out pioneering work concerning
the information and sensitisation of brand and product
piracy. Himself affected by plagiarism, he decided
to increase public awareness of the unscrupulous
machinations of product pirates who, due to a lack
of their own creativity and notably being driven
by greed, copy the innovative ideas and technical
know-how of others and pass the imitations off as
their own creative achievement. Action Plagiarius
gives this negative award at the annual “Ambiente”,
the world’s largest consumer goods trade fair,
during a press conference. The award is given to
those companies whom 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 aim
of “Plagiarius” is to inform all parties
affected - designers and enterprises as well as
politicians, legislators and not least consumers
- by the means of public relations, counsel, world-wide
exhibitions and lectures about the extent, damages
and dangers incurred by fakes and plagiarisms.
Without any doubt brand and product piracy has developed
into one of the most serious forms of white-collar
criminality of the 21st century. The explosion-like
extension of the problem is accelerated by globalisation
and technical progress. It is not only in Asia and
Third World Countries where participants along the
total value chain right up to the consumers are
confronted with inferior fakes and plagiarisms,
but also in western countries where the increasing
price erosion leads to the fact that some companies
and distributors jettison all ethical concerns and
fair play. It is a fact that more and more copycats
are entering western / european markets –
some of these copies are even deliberately ordered
by domestic competitors.
The fact is that imitators sap legal trade and commerce
and decrease the enthusiasm and energy for innovations
from many manufacturers, manufacturers who invest
in research and development to create new innovative
products and thereby secure progress, competitiveness
and jobs. However, not all product developments
are successful, so-called flops have to be financed
too but the imitators will only focus on copying
successful products, for which there is already
a demand. Apart from the investments in R&D
– the largest matter of expense regarding
the development of new products – the product
pirates also save on the costs for marketing. This
is a more than ruthless behaviour by which the manufacturers
and distributors of the originals product will suffer,
incurring damages that endanger their livelihood:
Starting with decreasing turnovers, the loss of
market shares and the destruction of the good reputation
of a brand by way of unfounded product liability
claims. This is in addition to the costs of fighting
the problem. If a company is not in a position to
earn the investments made, then future product developments
and thus jobs are at risk.
The majority of the public will only associate fake
luxury goods with the topic of brand and product
piracy. Contrary to this common belief, products
of all sectors are affected by the problem including
day-to-day household items and accessories as well
as cosmetics, pharmaceuticals, toys, lights, furnitures,
food and beverages, tools and spare parts and even
highly complex mechanical or electronic machines
and devices. Furthermore the imitators often neglect
the prevailing standards concerning quality, ecology
and safety and thus knowingly put at stake the consumers
health and even lives.
The European Commission estimates that 7-10% of
worldwide commerce are fakes and plagiarisms and
that copying products causes worldwide economic
losses of $200 to $300 billion as well as the loss
of several hundred thousand jobs each year. Tendency:
Rising! By no means can this be evaluated as a peccadillo.
The customs statistics 2005 published from the European
Commission states that in 2005 more than 75 million
fake products were seized by customs at the EU-borders
– and these numbers can only depict a fraction
of the problem. Over past years product pirates
have established a sophisticated global network,
using routes beyond the common distribution channels
that are known to customs. So-called free trade
areas are often used for transhipping and develop
into prosperous reloading points for piracy goods.
The fact is that markets regulate themselves by
supply and demand. Many distributors and customers
are seemingly unaware of the impact of their daily
purchase decisions on the problem of brand and product
piracy. As long as western distributors will order
or initiate plagiarisms and as long as tourists
can book traveltours to fakemarkets and bring home
bags and suitcases full of fake goods from their
holidays there will be an equivalently high supply
of these copycats.
Unfortunately brand and product piracy is still
very abstract for many people and the numbers hardly
deter. Starting from April 1, 2007, the new “Museum
Plagiarius“ in the city of Solingen (near
Cologne) will show more than 250 originals and plagiarisms
of all kinds of sectors in direct comparison to
visualise the problem. Furthermore workshops and
seminars on how to fight brand and product piracy
will take place in the conference room of the museum.
The Jury of the Plagiarius-Competition 2007:
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:
Dipl.-Volkswirt Jens-Heinrich Beckmann
Managing Director IVSH Industrieverband Schneid-
und Haushaltwaren e.V., Solingen
Rainer Langelüddecke
Managing Director FWI Association of German Tool
Manufacturers, Remscheid
Nils Holger Moormann
Managing Director Nils Holger Moormann GmbH, Aschau
im Chiemgau
Monika Mundkowski-Bek
Head of the Division Telecommunication, Media and
Knowledge, Ministry of Economics of Baden-Wuerttemberg,
Stuttgart
Gerold Noerenberg
Lord Mayor of the City of Neu-Ulm
Dieter Pesch
Owner of the furnishing house Pesch GmbH & Co.
KG, Cologne
Dipl.-Kfm. Rüdiger Szallies
Managing Director ICON ADDED VALUE GmbH, Nuremberg
Gabriele Wurst
President of the Social Court of Ulm
Legal Advice:
Dr. Aliki Busse
Lawyer, Busse & Partner - Lawfirm, Munich
The Prizewinners of the Plagiarius-Competition 2007:
The Jury met on January 20, 2007. Three
prizes, eight distinctions and three special prizes
have been awarded; total entities: 58.
1. Prize
Jug „Sophie“
Original: alfi GmbH, Wertheim, Germany
Plagiarism: He Shan Jia Hui Vacuum Flask & Vessel
Co., Ltd., Guangzhou, P.R. China
2. Prize
Notebook „Moleskine“
Original: Manufacturer: Moleskine S.r.l., Milano,
Italy
Distribution: Authentics GmbH, Gütersloh, Germany
Plagiarism: ars nova GmbH Großhandel für
Künstlermaterialien, Witten, Germany
3. Prize
Sweeper „TopSweep 55“
Original: Ing. Haaga Kunststofftechnik GmbH, Kirchheim/Teck,
Germany
Plagiarism: Wuyi Zhouyi Mechanical & Electrical
Co., Ltd., Zhejiang, P.R. China
Six „Distinctions“ (equal in
rank) were awarded:
Loveseat „Orbit“
Original: Dedon GmbH, Lüneburg, Germany
Plagiarism: Antik Heiligenstedten, Heiligenstedten,
Germany
Windrose-Jewel Boxes „Titan“ and „New
Age“
Originals: Georg A. Steinmann Lederwarenfabrik GmbH
+ Co. KG, Nuremberg, Germany
Plagiarisms: Lidl Dienstleistung GmbH & Co.
KG, Neckarsulm, Germany
Resectoscope-Set for Urology (working element and
sheaths)
Originals: KARL STORZ GmbH & Co. KG, Tuttlingen,
Germany
Plagiarisms: Manufacturer: Wenkert Medizintechnik
Klaus Wenkert, Seitingen, Germany
Distribution, (amongst others):
- Ackermann Instrumente GmbH, Rietheim, Germany
- Asap Endoscopic products GmbH, Freiburg, Germany
- Gimmi GmbH, Tuttlingen, Germany
- Mahe-Barthelmes Medizintechnik GmbH, Emmingen,
Germany
- MGB Endoskopische Geräte GmbH, Berlin, Germany
- Schölly Fiberoptic GmbH, Denzlingen, Germany
- Stema Medizintechnik GmbH, Stockach, Germany
Salt Cellar and Pepper Pot “Step’n Pep”
Originals: Koziol>> ideas for friends GmbH,
Erbach, Germany
Plagiarisms: DUE ESSE s.r.l., Martina Franca, Italy
Multi Tool “Leatherman®Wave®
Original: Leatherman Tool Group, Inc., Oregon, U.S.A.
Plagiarism: REDA Deutschland GmbH, Iserlohn, Germany
/ REDA a.s., Brn-Slatina, Czech Republic
Glasses of the OWP-Collection, Models No. 1620,
No. 1621 and No. 2298
Originals: OWP Brillen GmbH, Passau, Germany
Plagiarisms: Walter Binde GmbH & Co. KG, Minden,
Germany
The following three "Special Prizes"
were awarded:
Special Award for a Falsification
Petrol Station Nozzles „ZVA Slimline“
and „ZVA 200 GR“
Originals: ELAFLEX Tankstellentechnik GmbH &
Co., Hamburg, Germany
Falsifications: Zhejiang Baotai Machine Factory
Co., Ltd., Zhejiang, P.R. China
Special Award for Persistent Plagiarism
Door-Handle with light, line x.door
Originale: Schneider + Fichtel GmbH, Rottenburg,
Germany
Plagiat: Glaser GmbH & Co. KG, Gross-Umstadt,
Germany
NEW: Hyena-Prize
Shopping Basket „CARRYBAG“
Original: Reisenthel Accessoires, Puchheim, Germany
Plagiate: 1) Xin Hang Wujin Tools Dongyang Zhejiang
Co., Ltd., Zhejiang, P.R. China
2) Arbor Handels GmbH, Leonding, Austria
3) Edwards Trade Company B.V., Mljdrecht, The Netherlands
4) Berni Irio & Co. S.n.c., Luzzara, Italy
5) Bed Bath & Beyond Inc., New York, U.S.A.
6) KODI – Diskontläden GmbH, Oberhausen,
Germany
7) TOP Marketing, Taipei, Taiwan
8) Shanghai Light Industrial Products Import &
Export Corp., Ltd., Shanghai. P.R. China
9) Xiamen Helen Industry & Trade Co., Ltd.,
Xiamen, P.R. China
10) Yilmaz Güntekin, Gelsenkirchen, Germany
The award ceremony of „Plagiarius 2007“
takes place as follows
Consumer Goods Trade Fair „Ambiente“
Congress Center, Frankfurt Fair
Room „Illusion 1-3“
on Friday, February 9, 2007, 11:00 a.m.
The laudatory speech on the prize winners is held
by the Federal Minister of Justice, Mrs. Brigitte
Zypries.
The Plagiarius prize winners 2006 + 2007 will be
presented at the
Special Show "Plagiarius" from February
9-13, 2007 at the Foyer 4.1.
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