3.3.2 Level of Transgressions
The five largest suppliers of counterfeit goods in the
direction of the United States, have been in 1997, China, Korea, Hong Kong
(China), the Philippines and Chinese Taipei. The products were the most common
audio-visual items (CDs, video cassettes, computer games, etc...) of ready to
wear and electrical accessories. In total, the U.S. Customs seized 54 million
worth of counterfeit goods in fiscal year 1997. The main sources of export of
counterfeit goods in the direction of the European Union were Poland, Thailand,
Turkey and the United States. Sections of ready-to-wear accounted for over half
of seizures.
Please note however, Taiwan has made much progress in the
field of counterfeiting. Since then, the awareness of authorities to the
problem of intellectual property, the country has set up special institutions
for the treatment and the control of ligation and disputes. Thus in 2008,
Taiwan is a specialized tribunal established. Indeed, the judiciary is the
weakest system of repression of violations of intellectual property rights,
especially for courts of first instance: the slow processing of cases and
judgments surprising and somewhat persuasive sentences (as explained behind).
The number of litigation, for example for the trademarks, has
increased year by year. This means that laws have hardened because there are
more cases of disagreement. This is also a good thing for the country. See
Table XIX, Statistics of Trademark Administrative remedy Filed
and Cancelled.
We therefore believe that despite the great enthusiasm and
despite huge investments in Intellectual Properties, the level of infringement
of intellectual property is still important and taiwan should continue its
efforts in this direction.
According to the U.S. Customs, the share of Chinese
counterfeits seized at their borders in 2009 represents 81% of the total value
of goods seized. European customs, meanwhile, confirmed that China remains the
primary source of false, 54% of the total quantities of copies seized in 2008
from this country. Taiwan following soon after with 10%.
Country of origin of counterfeit goods seized at EU
borders in 2008
Source: www.unifab.com
The finding of L'Oréal is unequivocal: "The manufacture
of various items of counterfeit goods are mostly made in China, blending those
elements may however be made in another country." Mr. Michel Danet, Secretary
General of WCO, analyzed in January 2008, the situation the same way: "The more
we progress in understanding the phenomenon, most unhappily discovers new
developments against which we must sustain new responses. A globalization of
the legal economy and the inevitable transfer of knowledge it brings to the
Asia Pacific represents the globalization of counterfeiting. Many Other Asian
countries are also stigmatized, which include Thailand (automotive, cosmetics,
luxury goods, textiles), Malaysia (consumer goods, watches, wines and spirits),
Taiwan (Automotive and pharmacy), South Korea (watches and luxury), Hong Kong
(watches and cigarettes), Vietnam (sports and wines and spirits), Dubai and the
UAE (cosmetics and luxury), the Middle East (cigarettes and pharmaceuticals)
and India (industrial goods and pharmaceuticals).
Origin of counterfeiting:
Source: www.unifab.com
In the area of watchmaking, the Federation of Swiss Watch
confirms that it "conducts its anti-counterfeiting in Asia through its center
in Hong Kong mainly in the following countries: China (including Hong Kong),
Taiwan, Vietnam."
In the auto sector, Renault believes that "the origin of
counterfeit parts is increasingly extra. The countries of Southeast Asia are
becoming major producers, whereas in the past it was mainly the work of
countries in southern Europe". Valeo, for his part says weight now occupied by
the Taiwanese in counterfeit auto parts worldwide. Valeo group notes that the
first counterfeit (20 years ago) were fake products, rather coarse, marketed
under its brand, mostly made in Taiwan before being exported to Africa, while
today the French company faces faithful copies, sold under other brands
(particularly in the area of lighting), always produced in Taiwan and exported
to France, the Germany, Spain or Italy.
Types of products seized by European customs in
2008
Source: www.unifab.org
In Taiwan, active networks of traffickers have developed over 20
years. The level of transgression is very important, even if authorities fight
effectively again.
| 
