On February 8, 2008 the „Plagiarius” will be awarded for the 32nd time. Action Plagiarius grants 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 manufacturers and distributors whom the jury has found guilty of making or selling "the most flagrant" (design) imitations. As his key figure, Prof. Rido 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.

As a designer himself affected by plagiarism, Busse initiated the negative award back in 1977. He specifies the intention as follows: “The award ceremony is not at all equivalent to a court decision. Plagiarius must not and does not want to dispense justice but rather likes to inform the public about injustice. Furthermore Action Plagiarius does not intend to denounce the so- called “me-too” products which follow a recent trend. These products differentiate themselves sufficiently from the original which was first to market. Me-too products also boost a vivid and fair competition. Plagiarius rather focuses on clumsy 1:1 copies of innovative products that are passed off by the imitators as their own creative achievement.

Original vs. Plagiarism
Regardless of any scruples the imitators copy successful designs and technical solutions without modifying or further developing the product. Depending on the complexity of a product the partly inferior plagiarisms congest the market within a few days, weeks or months after the first publication of the original. This evidently is not at all fair competition. The original manufacturer often invests a huge amount of time and know-how to create an innovative and high-quality product. Particularly, he has made advance investments and now depends – in order to secure jobs and further innovations – on an equivalent market success to regain these investments. As a responsible producer he attaches great importance to safety and strives to comply with the quality promises communicated by his trademark. Regular controls and warranties are self-evident to him. On the contrary the imitator focuses on quick profit. The materials used and the manufacture are often of inferior quality - some of the recent prizewinners reveal that very clearly. Cost-intensive safety controls may cuts profits and are thus in discrepancy with the imitator’s aims. Guarantees and other services are usually not included in the low prices of the plagiarisms, which fluctuate between 10 and 90 % of the original price.

Explosion-like extension of the problem – facts and figures
Even though the figures published in context with brand and product piracy can only be estimations and differ according to the source one refers to, it is undoubted that plagiarisms and fakes cause worldwide economic losses of several hundred billion (!) Euros (€), as well as the loss of several hundred thousand jobs each year. By no means can this be evaluated as a peccadillo. This is also confirmed by the annually published customs statistics from the European Commission which state that in 2006 customs seized more than 250 million fake products at the EU-borders (2005: 75 million). German customs e.g. seized in 2006 fake goods with a market value of 1.2 billion Euros – in comparison to 2005 the value has almost quintupled.

The explosion-like extension of the problem is accelerated by globalisation, modern technologies and anonymous distribution channels such as the World Wide Web.
So-called free trade areas are often used for transhipping and develop into prosperous reloading points for piracy goods. Over past years product pirates have established a sophisticated global network, using routes beyond the common distribution channels that are known to customs.

Responsibility of the retail market
Despite increasing price erosion, tempting offers from low-wage-countries and shorter product life cycles the retail market still has to fulfill its responsibilities. The imported goods have to be technically correct and safe and have to meet requirements e.g. in Germany the so-called law for equipment-, devices- and product safety. The retail market is liable for inferior or dangerous goods and has to take responsibility towards its customers. Furthermore retailers have to take care that the goods offered – regardless of which origin – do not breach the rights of third parties (appearance or technology). Unfortunately, in a mixture of ignorance, excessive demand and calculation the retail market increasingly contributes to the fact that more and more plagiarisms are offered on western retail shelves. South East Asia, especially China, is due to low wages demonstrably Number 1 concerning the manufacture of copied products. Likewise proven, however, is the fact that retailers worldwide purchase these counterfeit products and sometimes in full awareness of the original product, even commission fake goods. The profit margins of western retailers are by the way usually significantly higher than those of the Chinese manufacturers.

Consumers – in need of protection and jointly responsible
Consumers have to be protected from defective products that can - in the truest sense of the word - be combustible. With their daily purchase decisions they have great impact on the success or failure of plagiarisms. The unaware purchase of a copied product is not condemnable. However, consumers can be blamed for intentional acquisitions of counterfeit products. Sadly, on the part of the consumers there seems to be a huge lack of a sense of wrongdoing and even indifference concerning brand and product piracy. Causes may be a widely spread bargain shopper mentality as well as a lack of knowledge about the time, know-how and money needed to develop a novel quality product.

Practical sensitisation in the Museum Plagiarius in Solingen
On April 1, 2007 the Museum Plagiarius in Solingen (near Cologne) was inaugurated. The small but extraordinary exhibition shows the Plagiarius Prizewinners from 1977 to date. Overall, more than 250 originals and plagiarisms of all kinds of sectors are exhibited in direct comparison. With roundabout 12.000 visitors within the first 10 months – children under 14 years not counted – the museum is more than satisfied. The diverse international publications (including the New York Times and the Shanghai Morning Post) depict the global interest in the topic. Also, the widespread composition of visitors reveals the significance of the museum: from politicians, entrepreneurs, trade associations and public authorities over private groups and tourists up to pupils and students. For the majority of visitors the practical information and sensitisation in the form of guided tours leads to a shifted attitude towards the problem.

The Jury of the Plagiarius-Competition 2008:

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

Prince Asfa-Wossen Asserate
Management Consultant, Publicist, Author, Frankfurt

Andrea D’Alessandro
Consultant for Trade Fairs / Exhibitions, Chamber of small Business and skilled crafts, Chemnitz

Juliane Grützner
Editorial Journalist of „design report“, Konradin Medien GmbH, Leinfelden-Echterdingen

Dieter Junghans
Managing Director Pro Idee GmbH & Co. KG, Aachen

Dr. Herbert E. Meister
Senior Legal Counsellor Office for Harmonization in the Internal Market (Trade Marks and Designs), Alicante, Spain

Peter Reisenthel
Owner of Reisenthel Accessoires, Gilching

Roland Stuhr
Policy Officer Commercial Law, Trade and Competition, Federation of German Consumer Organisations, Berlin

Legal Advice:

Dr. Aliki Busse
Lawyer, Busse & Partner - Lawfirm, Munich

The Prizewinners of the Plagiarius-Competition 2008:

The jury met on January 19, 2008. Three prizes, eight distinctions and two special prizes have been awarded; total entities: 55.

1. Prize
salt and pepper set „Two-in-One“
Original: WMF AG, Geislingen/Steige, Germany
Plagiarism: Shantou Lian Plastic Products Co. Ltd., Guangdong, P.R. China

2. Prize
V3 vegetable slicer „Trendline“
Original: Börner GmbH Kunststoff- und Metallwarenfabrik, Niederkail, Germany
Plagiarism: Distribution: Mesa Products B.V., AG Doetinchem, The Netherlands

3. Prize
expansion vessel for heating systems „PND“ (with butyl bag and fixed air cushion)
Original: Pneumatex AG, Füllinsdorf, Switzerland
Plagiarism: Heinrich Winkelmann GmbH & Co. KG, Ahlen, Germany

Eight „Distinctions“ (equal in rank) were awarded:

three-hole basin mixer „MEM“
Original: A.F. Dornbracht GmbH & Co. KG, Iserlohn, Germany
Plagiarism: Distribution: Wenzhou Foreign Trade Industrial Product Co., Ltd.,
Zhejiang, P.R. China
Distribution: Selectronica GmbH, Frankfurt /Main, Germany

braided bracelets (2-fold and 3-fold)
Originals: Gebrüder Niessing GmbH & Co. KG, Vreden, Germany
Plagiarisms: Horst Stichnoth GmbH & Co KG, Hannover, Germany

one-hand basin mixer „Hansamurano“
Original: HANSA Metallwerke AG, Stuttgart, Germany
Plagiarism: Shenhongda Sanitary Fittings Co., Ltd., Zhejiang, P.R. China
Distribution: ALGU-tec Bäder GmbH, Steffin, Germany

resectoscope for urology (working element)
Original: KARL STORZ GmbH & Co. KG, Tuttlingen, Germany
Plagiarism: Phoebus Medizintechnik GmbH, Tuttlingen, Germany (company liquidated)

partitioning system „Fusion“
Original: Koziol>> ideas for friends GmbH, Erbach, Germany
Plagiarism: Distribution: Art Expo Laden GmbH, Frankfurt, Germany

swivel chair “G02”
Original: SITAG AG, Sennwald, Switzerland
Plagiarism: Bosen Office Furniture Factory, Guangdong, P.R. China

STAEDTLER product range of writing instruments
Originals: STAEDTLER Mars GmbH & Co. KG, Nürnberg, Germany
Plagiarisms: Zhaoqing STA Stationery Co., Ltd., Guangdong, P.R. China

egg cracker „Clack“
Original: Take2 Designagentur GmbH & Co. KG, Rosenheim, Germany
Plagiarism: Distribution: Decoration line, Rodovre, Denmark

The following two "Special Prizes" were awarded:

Special Award for a Falsification
FORTIS B-42 Official Cosmonauts Chronograph
Original: FORTIS Watch Ltd., Grenchen, Switzerland
Falsification: Manufacturer unknown

Special Award for a Series Perpetrator (Technology-Theft)
BRUDER toy vehicle line:
- Fendt 209 S Tractor
- Articulated Road Loader FR 130
- Liebherr Excavator
- Caterpillar Skid Steer Loader
Originals: BRUDER Spielwaren GmbH + Co. KG, Fürth, Germany
Plagiarisms: Jusweet Candytoy China Ltd., Guangdong, P.R. China

For the first time since Plagiarius has been established (1977) Action Plagiarius has decided, not only to draw the attention to the unscrupulous machinations of imitators but also to award persons who render outstanding services to the fight against brand and product piracy.

The „Honours Brooch for the fight against brand and product piracy“ is awarded to:

Silke Langebartels, custom‘s superintendent, Customs Frankfurt /Main, area of work: Trade Fair Frankfurt /Main, Germany.

With extraordinary verve and engagement Silke Langebartels takes action against imitators for more than 10 years at almost every trade show at the Frankfurt trade fair.

The award ceremony of „Plagiarius 2008“ takes place as follows

Consumer Goods Trade Fair „Ambiente“
Congress Center, Frankfurt Fair
Room „Illusion 1-3“
on Friday, February 8, 2008, 11:30 a.m.

The laudatory speech on the prizewinners is held by Dr. Guido Westerwelle, Chairman of the FDP Parliamentary Group and Chairman of the FDP.

After the award ceremony Prof. Busse presents the book “Swing Chair”, published by Action Plagiarius. The swing chair, designed by Prof. Till Behrens has a copyright and has nevertheless been copied diverse times. The book will be sold in the Museum Plagiarius in Solingen.

The Plagiarius prizewinners 2007 + 2008 will be presented at the Special Show "Plagiarius" from February 8-12, 2008 at the Foyer 4.1.

As of February 15, 2008 the prizewinners 2008 will be presented in the Museum Plagiarius in Solingen. (Bahnhofstraße 11, 42651 Solingen, Germany, Open: Tuesday-Sunday 10-17 h


< Back