On February 13, 2009 the „Plagiarius Award” was awarded for the 33rd time. Action Plagiarius grants this negative award at the annual “Ambiente”, the world’s largest consumer goods trade fair, during an international 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 Action Plagiarius is to inform the public practically about the extent, damages and dangers incurred by fakes and plagiarisms. This registered society likes to raise the awareness of the unscrupulous machinations of the imitators who do great harm to industry and potentially deceive and endanger the consumers.
Manufacturers all over the world invest in Research & Development, in design and in quality controls, in order to launch innovative and safe high-quality products. They make advance investments and hence depend – in order to secure jobs, progress and further innovations – on an equivalent market success to regain these investments. However, due to the abundance of cheap fakes and plagiarisms that quickly congest Western markets, more and more companies suffer widely from the damage incurred: Starting with decreasing turnovers and the destruction of the good reputation of a brand up to unfounded product liability claims.

Growth sector brand and product piracy
Official organisations estimate 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 – particularly concerned are the leading industrial nations. 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.
To label this form of white-collar criminality as a minor infringement would be fatal.
What was once a “cottage industry” has in the meantime developed into a highly sophisticated industry with an international network of manufacture, logistics and distribution. The exorbitantly high profits, similar to those of drug dealing, are pocketed by the criminal bosses of this underground economy.
In 2007 customs officials seized more than 78 million counterfeit goods at the EU borders – almost 60% of these knock-offs had their origin in China. The mostly inferior products are manufactured often under degrading working conditions with no regard to working hours, safety and hygiene – not to mention child labour. Quality controls as well as the protection of factory workers from dangerous machinery and noxious chemical substances reduce profits and are therefore not in the interest of the people responsible.

Brand and product piracy along the value chain
In public discussions China is often depicted as the scapegoat – however, this is a very one-sided reflection that only mirrors part of the problem. Amongst the so called stronghold of counterfeiters are many of the South-East-Asian countries as well as Eastern Europe and Latin America. Due to (still) low wages large quantities of fakes and plagiarisms are produced in these countries. Considering the complete value added chain, from awarding of a contract through manufacture and up to the end customer, it becomes evident that diverse (intermediary) distributors and manufacturers world-wide benefit from brand and product piracy by either purchasing or even deliberately commissioning cheap copycats. Last but not least: markets regulate themselves by supply and equivalent demand.
Action Plagiarius can only depict a fraction of the problem, however, the registrations for the competition clearly reveal that nowadays all sectors, from luxury goods to household articles and up to technically highly complex machinery are all affected by counterfeiting. Many of the products handed-in up to now were either produced or sold in Western countries. The retail market often excuses the problem because of the unmanageable number of products that are purchased world-wide. Nonetheless, the goods imported by the retail markets have to be technically correct and safe and must not breach the rights of third parties (trade-mark, 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. Fortunately, Western companies are highly concerned about their reputation and thus the huge media coverage of the negative award “Plagiarius” makes an impact. Numerous imitators have brokered a mutual agreement with the original producers before or shortly after the Plagiarius Award Ceremony, for example they have withdrawn remainders of stock from the market, have signed forbearance declarations and/or revealed their suppliers.

Counterfeits in Europe socially accepted
In September 2008 the audit firm Ernst & Young presented – in cooperation with the German Trademark association – a study about brand and product piracy. Interviewed were 2500 European consumers and 27 consumer goods enterprises. Despite the awareness of the partly miserable manufacturing conditions and the risks and dangers involved with the purchase of counterfeits, particularly young people deliberately buy fake products. Mostly, the cheap price of the assumed bargain is the decisive factor that induces the customer to buy. Status symbols are apparently more and more important and – as the study alarmingly shows – the possession of fake products does not come along with a loss of reputation amongst friends and family and thus the knock-offs are widely in demand. The study confirms: In Europe counterfeits are socially accepted!
The fact that theft of property is liable to prosecution is understood by everyone. However, the theft of intellectual property, namely the theft of ideas, is far too abstract for the majority of the population. If companies want to obtain (regain) an equivalent appreciation of their original products, they have to improve their communication concerning the value of an inventive original idea. The consumer has to understand how much know-how, time and money has been invested in the product that he holds in his hands. As a customer he will only pay for what he can see and comprehend. In direct comparison with the visually (almost) identical plagiarism, the advantages of the original product instantly have to catch the consumer’s eye. Politics, trade associations and corporate groups have to act concertedly and even intensify consumer sensitisation with regard to brand and product piracy. At the same time, they have to convince the consumers to restrain from buying trashy fakes by better communication about the value of original products and the quality that subsists within a renowned trade-mark.

“Pictures are stronger than words” - Practical sensitisation in the Museum Plagiarius
Inaugurated on April 1, 2007 the Museum Plagiarius in Solingen (Germany) shows more than 300 originals and plagiarisms of all kinds of sectors in direct comparison. With more than 20.000 visitors up to now, the museum is more than satisfied about the interest in the topic. Additionally, on the first floor the museum presents fake products that were seized by customs – sports articles, bags, perfumes, clothing, tooth brushes, pills etc. One important target group is pupils and students. In guided tours the museum employees provide crucial background information. The direct comparison of original and imitation reveals how clumsy and embarrassing the copies are.

The Jury of the Plagiarius-Competition 2009:

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:

Lothar Klatt
Lawyer, Ulm

Doris Möller
Managing Director Action Group against Product and Trademark Counterfeiting (APM e.V.), Berlin

Michael Opoczynski
Chief Editor „WISO“, ZDF German Television, Mainz

Sabine Prengel
Managing Director USM U. Schärer Söhne GmbH, Bühl

Prof. Dipl.-Ing. Peter Sulzer
Chairman Stiftung Simonshof, Gleisweiler / em. Prof. for Architecture, University of Stuttgart

Prof. Dr. Eva-Irina Freifrau von Gamm, LL.M (Eur.)
Lawyer and Professor at the Macromedia Polytech for Media & Communication, Munich

Hans-Jörg Wiedenhaus
Chief Editor „Südwest Presse“, Ulm

Legal Advice:

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

The Prize winners of the Plagiarius-Competition 2009:

The jury met on January 17, 2009. Three prizes, five distinctions and two special prizes have been awarded; total entities: 30.

1. Prize
Electronic hand dryer “HTE”
Original: Stiebel Eltron GmbH & Co. KG, Holzminden, Germany
Plagiarism: Distribution: isimax GmbH, Hess. Oldendorf, Germany

2. Prize
Knee support „GenuTrain®“
Original: Bauerfeind AG, Zeulenroda-Triebes, Germany
Plagiarism: Deltai Medical & Health Articles (Suzhou) & Co., Ltd., Jiansu, PR China

3. Prize
Trolley “Carrycruiser”
Original: Reisenthel Accessoires, Gilching, Germany
Plagiarism: Ningbo Future Import and Export Co., Ltd., Zhejiang, PR China
Distribution: Thuy Tien-Ta, Büsum, Germany

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

Filter-Clip for MR16 lamps
Original: Bruckner & Schröter Lichttechnik GmbH, Wasenbach, Germany
Plagiarism: Distribution: Symban Lighting Corp., Brampton, ON, Canada

Electric toothed belt axes “DGE”
Original: Festo AG & Co. KG, Esslingen, Germany
Plagiarism: Distribution: Render Location Module, Fongyuan City, Taiwan (R.O.C.)

Door handle “Monte Carlo”
Original: HOPPE Holding AG, Müstair, Switzerland
Plagiarism: Distribution: ZOGOMETAL SA., Athens, Greece

Watering can “Elise”
Original: Koziol>> ideas for friends GmbH, Erbach, Germany
Plagiarism: Distribution: Senaka Ltd., Hongkong, PR China
Distribution: The German distributor has found a mutual agreement with Koziol even before the jury meeting, i.e. he has removed the imitations from the market and has revealed the name of the Chinese distributor

Cookware series “TWIN I.V.I.”
Original: ZWILLING J.A. HENCKELS Kitchenware (Shanghai) Ltd., Shanghai, PR China
Plagiarism: Guangdong Xinkeda Industry Co., Ltd., Guangdong, PR China

The following two "Special Prizes" were awarded:

Special Award for a Falsification
Vacuum-Pump “RL”
Original: REFCO Manufacturing Ltd., Hitzkirch, Switzerland
Falsification: Shanghai Boerkang Vacuum Electron Co., Ltd., Shanghai, PR China

Special Award for a Falsification
Pressure gauge (stainless steel)
Original: WIKA Alexander Wiegand GmbH & Co. KG, Klingenberg, Germany
Falsification: Distribution: PT Catur Bintang – Handie R. Lam, Jakarta, Indonesia

Like in 2008 Action Plagiarius has decided in 2009, 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“ 2009 is awarded to:

Walter Horz, chief bailiff at the first-instance court, Frankfurt /Main, Germany.

With extraordinary verve and engagement Walter Horz takes action against imitators since many years at almost every trade show at the Frankfurt trade fair, Germany.

The award ceremony of „Plagiarius 2009“ took place as follows

Consumer Goods Trade Fair „Ambiente“
Congress Center, Frankfurt Fair
Room „Illusion 1-3“
on Friday, February 13, 2009, 11:30 a.m.

The laudatory speech on the prize winners was hold by Mr. Otto Schily, former German Minister of the Interior.

The Plagiarius prize winners 2008 + 2009 will be presented at the Special Show "Plagiarius" from February 13-17, 2009 at the Foyer 4.1.

As of February 19, 2009 the prize winners 2009 will be presented in the Museum Plagiarius in Solingen. (Bahnhofstr. 11, 42651 Solingen, Germany, Open: Tuesday-Sunday 10-17 h)


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