Plagiarism and counterfeiting are unimaginative, morally reprehensible and lead to stagnation. Often produced cheaply and under inhumane working conditions, they cause damage to innovative manufacturers, sometimes threatening their very existence. They also pose safety risks for buyers that should not be underestimated. With lucrative profits in mind, many counterfeiters are willing to accept all this. The structure of perpetrators ranges from competitors with few ideas to ruthless dealers and organized crime. Globalization, digital communication, the Internet and gullible (online) bargain hunters are facilitating the explosive spread of product and brand piracy.

Plagiarius: Against brazen theft of ideas, for more fairness and respect

The negative prize "Plagiarius", founded by designer Prof. Rido Busse, was awarded for the 43rd time on February 8, 2019 at the Frankfurt consumer goods fair "Ambiente". Since 1977, Aktion Plagiarius e.V. has been awarding the dreaded "Schmäh-Preis" to manufacturers and retailers of particularly brazen plagiarisms and counterfeits. The aim is to raise public awareness of the clumsy and unscrupulous business practices of product and brand pirates and to sensitize industry, politics and consumers to the problem. At the same time, the association emphasizes the importance and effectiveness of industrial property rights. And it increases consumer appreciation for creative achievements by making them aware that the development of a product from the initial idea to market maturity costs a lot of time, money, know-how and innovative strength. The trophy of the Negative Award also stands for this: a black dwarf with a golden nose - symbolizing the immense profits that unimaginative imitators literally generate at the expense of creatives and the industry.

"Freedom of imitation" does not legitimize deception of origin

The "Plagiarius" award says nothing about whether a counterfeit product is permitted or illegal in the legal sense. The Plagiarius campaign cannot pronounce justice. But it can draw attention to injustice. Before the annually changing jury selects the winners, the alleged plagiarists are informed of their nomination and given the opportunity to comment. In addition to case-related information, these reactions, if any, are included in the assessment. The jury is not interested in branding legal competitor products that are visually and technically unique. Rather, the intention is to focus on clumsy 1:1 imitations that deliberately look confusingly similar to the original product and have no creative or constructive merit of their own. Fortunately, numerous imitators have already sought an agreement with the original manufacturer for fear of being awarded the "Plagiarius" and have, for example, withdrawn remaining stocks of counterfeit products from the market, signed cease-and-desist declarations or disclosed suppliers.

A trivial offense? Pure greed for profit!

Plagiarism and counterfeiting do not happen "by mistake". The imitators act deliberately. Both for lack of their own ideas and out of greed for profit. They unabashedly copy products that are successfully established on the market. The manifestations range from design plagiarism and technology theft to brand counterfeiting. The counterfeit goods are offered for sale in all price and quality gradations: From dangerous cheap counterfeits to high-quality plagiarisms that are barely cheaper or even more expensive than the original product. The consequences for the original manufacturers: loss of sales, loss of jobs, unjustified liability risks and a lack of income for future product developments, and therefore progress. Especially in times of social media and influencer marketing, unjustified reputational damage is usually even more serious for brand manufacturers than the financial damage. Disappointed customers turn away from the brand faster than ever in view of the large number of alternative providers and influence friends and followers across the globe with their experiences, opinions and recommendations.

High security risks with counterfeits

The 1st prize went to the plagiarism of the "Type 2000" angle seat valve from Bürkert. © Aktion Plagiarius e.V.

Originals and counterfeits are only deceptively similar at first glance. The same appearance does not necessarily mean the same quality, performance and, above all, safety. Consumers should not succumb to this illusion. Neither out of ignorance, nor out of a lack of awareness of wrongdoing or a lack of appreciation for the original, and certainly not in the hunt for the supposedly best bargain or status symbol. Markets are regulated by supply and demand. It is therefore the responsibility of every consumer to consciously decide against junk with a criminal label - and for their own safety.

Especially when shopping on the Internet, consumers should take a very close look and not click on "Buy" rashly and uncritically. They should carefully check the general reliability of the provider as well as the legal notice, terms of payment (be careful with "advance payment only"), withdrawal options, etc.

Customs confirms increase in counterfeit goods that pose a potential threat

According to the EU Commission, European customs authorities seized more than 31 million infringing products with a total value of over 580 million euros at the EU's external borders in 2017 alone - and that is just the tip of the iceberg. The fact that the proportion of counterfeit, potentially dangerous goods is increasing is alarming. Customs and Interpol have already withdrawn the following products from circulation in recent years: Contaminated perfumes and cosmetics, technical products with faulty electronics, adulterated food, faulty or contaminant-rich children's toys, incorrectly dosed or non-dosed medicines and much more.

Original Hansgrohe hand shower (left), counterfeit (center) and plagiarism (right). © Aktion Plagiarius e.V.

This year's laudator, Prof. Dr. Prof. h.c. Arndt Sinn, Director of the Centre for European and International Criminal Law Studies at the University of Osnabrück, summarized the negative effects in his speech as follows: "The illegal trade in counterfeit products also has harmful effects on national economies: Innovation and revenue decrease and tax revenue and employment rates fall. If the illegal profits are then channeled into the legal financial cycle by means of money laundering, the legal markets are undermined, which ultimately has an impact on society as a whole."

China: counterfeit nation - and on the way to "Made-in-China 2025"

Customs statistics clearly show that China is still by far the main country of origin of counterfeit goods. Against this backdrop, politicians from all industrialized nations discuss the problems of Western companies with regard to product piracy and unfair market access barriers at every meeting with Chinese government representatives.

At the same time, however, China has been pursuing its ambitious ten-year plan "Made in China 2025" with vigor and billions in investment for years: The country wants to catch up with the technologically leading industrialized countries. It wants to move away from being the West's extended workbench and become a serious competitor on the global markets. China's strategy also includes the targeted takeover of Western companies that occupy key future-oriented technologies. Western governments and companies are slowly realizing the danger that this development poses to their own competitiveness on the global markets and are beginning to take countermeasures.

A global problem with many profiteers

Customs statistics only take into account goods that should be imported from third countries into the respective territory (e.g. EU or U.S.); they do not record infringements within this region. The fact is, however, that unfair imitations are often also manufactured, distributed or even commissioned in industrialized countries. Often by competitors with few ideas or former production or distribution partners. Competitors very specifically check the existence of industrial property rights. If none have been registered, they throw all pretensions and scruples overboard and pass off third-party design and technology solutions as their own. This is confirmed by the experiences of both the Plagiarius campaign and the VDMA industry association. In the latest VDMA product piracy report, China was clearly the No. 1 country of origin for plagiarism. Nevertheless, Germany once again followed in second place with 19% and Italy in third place with 18%.

The winners of the 2019 Plagiarius competition:

The jury met on January 12, 2019 and awarded three main prizes, six equal prizes and one special prize from a total of 37 entries. See all the award winners in the picture gallery.

1st prize: Angle seat valve "Type 2000" (use: steam applications, e.g. in the textile industry)

Original: Bürkert Werke GmbH & Co. KG, Ingelfingen, Germany

Plagiarism: Ningbo ACME Industrial Automation Co, Ltd, Ningbo, PR China

2nd prize: "Liebherr wheel loader" toy excavator

Original: BRUDER Spielwaren GmbH + Co KG, Fürth, Germany

Plagiarism: Manufacturer: Hengheng Toys Factory, Shantou, PR China

Distribution: The German distributor of the plagiarism has signed a cease-and-desist declaration and paid damages

Staub Cocotte" cast-iron roasting pan from ZWILLING J.A. Henckels (left), the plagiarism on the right. © Aktion Plagiarius e.V.

3rd prize: "Staub Cocotte" cast iron roaster

Original: ZWILLING J.A. Henckels AG, Solingen, Germany

Plagiarism: Manufacturer: Zhejiang Keland Electric Appliance Co., Ltd., Zhejiang, PR China

Distribution: various German and European dealers have issued cease-and-desist declarations with penalty notices

Six "awards" of equal rank were presented

Busch-Presence detector KNX

Original: Busch-Jaeger Elektro GmbH, Lüdenscheid, Germany

Plagiarism: Hefei Ecolite Software Co, Ltd, Hefei, PR China

Croma Select S Multi" hand shower

Original: Hansgrohe SE, Schiltach, Germany

Counterfeit: Cixi City Changhe Ainuohua Sanitary Ware Factory, Zhejiang, PR China

Plagiarism: Cixi City Changhe Yihao Sanitary Factory, Zhejiang, PR China

Electric coolant pump "CWA 200"

Original: MS Motorservice International GmbH, Neuenstadt, Germany

Plagiarism: Zhejiang Hongchen Auto Parts Co Manufacturing Co, Ltd, Zhejiang, PR China

Bike basket "Bikebasket"

Original: Reisenthel Accessoires GmbH & Co. KG, Gilching, Germany

Plagiarism: Chinese bicycle factory from Hebei, PR China

Handlebar adapter "KLICKfix"

Original: Rixen & Kaul GmbH, Solingen, Germany

Plagiarism: Manufacturer: Tianjin Jiawei Hongfa Plastic Mold Co., Ltd., Tianjin, PR China

Distribution: e.g. via an Italian manufacturer of bicycle baskets

ECLIPSE" silicone molds (for food)

Original: SILIKOMART S.r.l., Mellaredo di Pianiga, Italy

Plagiarism: Manufacturer: unknown, PR China

Special "Hyena Prize" award: IS 1" motion detector

Originals: Steinel GmbH, Herzebrock-Clarholz, Germany

Counterfeits: Manufacture: Various Chinese companies

The jury of the Plagiarius competition 2019

Each year, the jury is made up of representatives from a wide variety of fields. The jury for the 2019 Plagiarius competition was made up as follows

Ulrich Demuth, Head of Industrial Law, Patents and Trademarks, WIKA Alexander Wiegand SE & Co. KG, Klingenberg

Prof. Dr. Marion Halfmann, Vice President for Studies, Teaching and Continuing Education / Marketing and Market-Oriented Management, Rhine-Waal University of Applied Sciences, Kleve

Johannes Kraft, Co-Managing Director authorized.by | Stayble Market GmbH, Munich

Werner Schneider, Certified Public Accountant / Tax Consultant (Of Counsel), SGP Schneider Geiwitz & Partner; Certified Public Accountant Tax Consultant Rechtsanwälte PartGmbB, Neu-Ulm

Dr. Harald Seitz, Head of the Customer Service Division, German Patent and Trade Mark Office, Munich

Katrin Terpitz, Editor Enterprise & Markets, Handelsblatt GmbH, Düsseldorf

Christiane Wachsmann, Curator HfG Archive Ulm

Legal advice: Dr. Aliki Busse, Specialist lawyer for intellectual property rights, law firm Busse & Partner, Munich

The 'laudatory speech' for the award winners was held by Prof. Dr. Prof. h.c. Arndt Sinn, Director of the Centre for European and International Criminal Law Studies (University of Osnabrück), lecturer and publicist (including the study "Wirtschaftsmacht Organisierte Kriminalität"). The Plagiarius Award winners 2018 and 2019 will be exhibited as part of the special show "Plagiarius" from February 8 - 12, 2019 in Foyer 5.1 / 6.1 of Messe Frankfurt. In its unique exhibition, the Museum Plagiarius will be showing more than 350 Plagiarius award winners from a wide range of industries - with a direct comparison of original and plagiarized products. Also on display: typical counterfeit brands confiscated by customs. Guided tours provide fascinating facts and details.