Counterfeiters burden German economy

The German economy is caused by counterfeit branded an annual loss 25 to 30 billion euros.

Production and distribution of plagiarism have become a significant economic dimension, which is partly in substantial sales losses reflected. To report 18% of the companies concerned in accordance with VDMA investigation "piracy and counterfeiting in the capital goods industry 2007" sales declines of 10% or more, 4% reported sales declines of 20% or more and 27% of companies reported sales declines of at least 5% and more.

Threat of piracy is increasing

Also, the study "Plagiarism Protection - action in the manufacturing industry against piracy" has come to the conclusion that the threat posed by pirates in recent years has steadily increased. According to current estimates, it is in this study assumed that the damage that this form of economic crime caused, at around 660 billion euros, or 9 percent of world trade volume is.

Not only brands affected

From imitations or fakes are not only consumer goods producers. More and more industrial products also come into the focus of plagiarists. These products are sometimes accurate and imitated worldwide - mostly to significantly lower prices than the originals, because the forgers of the enormous research and development costs.

This development is facilitated by the already mentioned VDMA study. In numerous cases were observed complete machine reconstructed. Spare parts and components, for example, where the enterprises of mechanical engineering the largest margins, are also copied by pirates.
Manufacturing and sales markets of plagiarism

In the manufacturing countries of the plagiarism was China at 75% of the companies concerned as the country of origin of the buildings mentioned. Taking into account the continued listing of other Asian countries like Taiwan and Korea, the vast majority of counterfeit products originate in this region. With 14% are increasingly also in India unauthorized replicas manufactured.

Within Europe, the plagiarism comes with 17% from Italy, followed by Turkey with 11%.

In the markets of counterfeits, China is once again front-runner and was 49% of the affected companies. Increasingly, however, reach the plagiarism on deneuropäischen market (22%), and the world (18%).
Consequences for the affected companies

The threat of piracy has many implications for businesses. Besides the loss of sales are direct consequences of piracy, in particular to consider:

* Rising costs for protective measures, particularly the cost of hedging by rights, the subsequent market surveillance and enforcement for violations.
* Cost of technical protection measures to the products themselves as well as costs for technical and organizational measures in the company (installation of access control, etc.).

Among the possible indirect effects that only a certain time delay will be felt, mainly include:

* A drop in the price, because the original manufacturers - at least partly - be forced to adapt to lower prices.
* Loss of know-how advantage, since the converted knowledge into products no longer unique in the market place.
* Loss of reputation, since the brand's exclusivity will be reduced and also negative experiences of customers with the imitations of the originals may have an effect.

Building an effective piracy protection

Companies ensure their products are, in most cases only by legal measures. However, the law enforcement in many foreign markets yet with big problems - even if the legal position on the paper is clear. In addition, legal resources on the basis of property rights (patents, design rights law, trademark, etc.) are of great importance, but their effect only develop if the injury has occurred.

In the future, businesses must equip their products with comprehensive strategies specifically protect against piracy. You need to have protection on the entire value chain extended. This must be included not only the business divisions (including purchasing, development, production, personnel department, IT and distribution), but the entire logistical chain through customs and dealers to customers.

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At 1 July 2008, the Legal Services Act

The right of legal service is reframed and new job titles are protected geschyaffen.

After long discussions in the parliamentary and extra-parliamentary in the area occurs on 1 July 2008 the new "law on non-judicial services" right Services Act - RDG) came into force. It replaces the still from the year 1935 came Rechtsberatung Act. This was after the former Tax Adjustment Act and before the Höfeordnung - but only in the former British zone - probably the last National-Socialist law, which to this day is continuing. Although the law once Rechtsberatung especially Jews of every kind of legal advice should be excluded. Even with the changes it made in the last 60 years of experience, was the law in a European comparison unusually narrow.

Consumers and law must be protected

The new law specifically intended "to the litigants, the right and the legal system against unqualified legal services to protect (§ 1 RDG). Any activity in specific foreign affairs as soon as they are a legal examination of the case requires, is recognized by law (§ 2 para 1 RDG) Similarly, the collection business is affected.

Not covered are expert activity, scientific and journalistic publications, the work of unification and conciliation and arbitration, the work of operating and staff councils, the mediation and any other similar form of alternative dispute resolution and the handling of legal matters within affiliated companies under the Companies Act.

The law expressly allows legal services as "ancillary" to other activities, to the extent that such work and activities are so commonplace. The Act identifies the execution, house and apartment management and funding advice. Covers are also undoubtedly tax, labor and insurance consultants free personal finance software.

Expertise must be ensured

Free legal services are always allowed, if such by or under the supervision of a licensed provider or a qualified lawyer to judge done. Cooperatives and professional associations, such legal services as part of its statutory tasks always provided. Again, the expertise must be ensured. The same goes for debt counseling, consumer agencies, consumer groups, free welfare associations, the institutions of freedom and youth organizations to promote the interests of disabled people. Legal advice should continue to work.

All other consultants - including pensions and social - must be registered. The expertise must be demonstrated. The job titles of the collection of pension counseling and are expressly protected. The registry can not be made if the applicant for criminal history, financial situation or arbitrary deprivation of admission to the Bar on the reliability is lacking. The expertise must be demonstrated, and there must be a professional liability insurance with a coverage of at least EUR 250,000 per insured event to be completed. The proof of the practical expertise is supported by at least two years demonstrated related work. The registration may, under certain conditions may be revoked.

For persons and companies in the last ten years, a similar activity in the European Union or European Economic Area - Liechtenstein, Norway and Switzerland - have provided, special provisions apply.