Besjana Celaj
A "Gucci" t-shirt, which can be expensive more than 400 euros in a store of this company, in Tirana, you can find it many times cheaper, in different markets around the city. In the Çam market in Tirana, you can find such a blouse for 20 thousand old lek. But don't be confused, this t-shirt has nothing to do with the original product, it is a fake. There are even shops in Albania that have built their business model on these products.
"We always tell customers that the store's products are not original, but are the best possible imitation or first quality" says the owner of the "LuxuryStore" store, Mrs. Mira, who adds that: "There is no problem for them".
This shows a tolerance of Albanian consumers towards counterfeit goods, which constitutes a challenge for the authorities, for consumer health but also for intellectual property rights.
In Tirana, you can find these fakes very easily in certain areas and it is not just about clothes, but also perfumes, cosmetic products and even technological equipment.
Customs and the State Market Surveillance Inspectorate are two institutions that play a key role in controlling goods entering the country, and the other one oversees a number of aspects of the market, including counterfeit goods.
The General Directorate of Customs, asked by ACQJ about the cases dictated with counterfeit and confiscated goods in recent years, confirms that the confiscated values are significant, with 1.4 million Lek of confiscated goods in 2022 and with goods of confiscated with a value of more than 19 million ALL in 2023.
At the same time, the variety of confiscated goods has increased from year to year, with 2023 marking a significant increase compared to the previous year.
During the last five years, ISHMT has carried out 10 cases of temporary blocking of counterfeit goods, where in numerical terms there are 333 goods, mainly clothing, shoes and detergents. As for goods considered harmful to the health of consumers, 4 cases of permanent blocking were carried out, including 125 goods of the clothing and footwear type.
"The category most affected by these counterfeits is that of clothing and shoes. says ISHMT in an official response to ACQJ, where it adds that regarding the denunciations from international brands, the sector has received 6 cases of complaints from foreign brand owners. "For these cases, administrative measures have been taken, including temporary and permanent blocking of goods and fines. follows further in the official ISHMT response.
According to official data from ISHMT, the Industrial Property Sector is composed of a staff of 6 inspectors, meanwhile, when asked what needs this institution has for a more effective work for the seizure and identification of counterfeit goods, it stated that there is a higher need specialization and staff
“[Problem is] increase in the number of requests for inspections by holders of industrial property rights, who are responsible for confirming violations of rights". - says this institution.
On the other hand, during the same period, this institution has not disposed of any goods.due to the non-confirmation of the violation by the rights holders as well as the absence in the law of detailed procedures for the destruction of counterfeit goods".
The Customs Administration has faced a significant increase in the volume of counterfeit goods entering the country. According to the statistics published in the green book of 2021, 2022 and 2023, a large number of counterfeit goods have been seized in the categories of clothes, accessories and technological devices. Specifically, during 2021, DPPI (General Directorate of Industrial Property) handled 110 applications for the protection of intellectual property rights and seized 1,800 pairs of sports shoes and 33,360 liters of insecticides.
While in 2022, DPPI handled 147 applications for action submitted by holders of intellectual property rights and suspended for release into free circulation 3,600 pairs of Timberland brand shoes, thus adding to the year 2023 where 110 applications for actions presented by the right holders, for which: 104 applications for approval and 6 applications rejected for not fulfilling the conditions provided by the law have been proposed.
Asked what are the needs for a more effective work against this phenomenon, the answer of the Albanian Customs Administration is: "Awareness of the right holders, on the increase in the number of applications for action before ADSH is essential." emphasizing that "Increasing training by right holders, in order to increase the administrative capacities of customs personnel on the identification of goods that may infringe their intellectual property", is an important step.
The countries with the highest risk for the origin of counterfeit goods entering Albania are mainly Asian countries and Turkey. "The fight against these goods requires better coordination between different structures and improved cooperation with law enforcement bodies," completed ADSH.
What the experts say
"Consumers should be the first to report any suspicion of counterfeiting to the relevant authorities, such as ISHMT or Customs”, says the Intellectual Property expert, Irma Cami.
"The court is not the only institution that attacks counterfeiting", she says, emphasizing that ISHMT is a relatively new institution and has not been fully functioning for more than two years, but it has started to be operational and has the first results.
For Ms. Cami, many things do not work, but the interest of brand owners to fight falsification is great. "We are currently handling more than thirty cases related to falsification". she says, stressing that without legal protection, authors and creators would be discouraged to create and invest in art and science, which would be a loss to society.
""Cooperation is essential to combat this phenomenon, but there is always a need for improvement and more commitment from all actors involved." she concludes.
But the introduction of fake goods in a market is not only a harm to the owners of their rights, but also a great harm to the state. This phenomenon costs the European Union billions of euros and thousands of jobs every year.
In 2022, the EU authorities stopped about 86 million counterfeit items—mainly games, packaging materials, toys, cigarettes and recorded CDs/DVDs—with ten Member States accounting for over 96% of seizures, marking a 3% increase in the value of counterfeit goods compared to 2021.
Meanwhile, for the year 2023, seizures of counterfeit items in the EU have reached new levels, with law enforcement authorities seizing 152 million counterfeit items, an increase of 77% compared to the previous year. The estimated value of these counterfeit goods, confiscated both at EU borders and within the internal market, reached €3.4 billion, an increase of 68% compared to 2022.
But even in a small market like Albania, this influence is not small.
"These goods negatively affect the value chain of the economy and create obstacles for companies, increasing costs and making it more difficult for them to continue in the market. economy expert Rezart Prifti says for ACQJ. Another aspect that he touches on is that of the taxes that benefit the state, saying that: "There is no official figure for the economic damages in Albania". he states that "There is a significant lack of data regarding this phenomenon".
At the same time, according to experts, the use of counterfeit goods has a health cost. Technological devices, such as headphones, pose serious risks to hearing health and general well-being.
"Counterfeit headphones often do not comply with safety standards, they can exceed the allowed acoustic pressure. says the radiology expert, Dr. Arvenol Meta, who further states that: “Hearing damage is irreversible and if this trend continues, youth may face serious health and psychological consequences in the future."
On the other hand, dermatology, Dr. Amarda Gica, says that for health problems with the skin, "most of the major health risks are associated with the use of falsified products”.
"Basic products such as washes, creams, or more intensive procedures such as injections, are dangerous when they are not authentic", she says, adding that products that are not controlled for dangerous content such as the amount of mercury, where the latter can cause serious skin problems such as dermatitis, irritations and high-level damage to the skin.
And while counterfeit goods are present in the Albanian market, and will probably continue to be present, it is important that the consumer is made aware of the health problems that can be caused by these products and thus avoid them. At the same time, when the European Commission's Report on Albania's progress in its European agenda, of 2023, states that "...greater efforts are also required in the pursuit of the fight against smuggling, corruption and imports of counterfeit products," it is expected that more will be done by the state authorities.
