Thursday, March 4th, 2010
Counterfeits: the golden age
Recently I met with a team of senior research scientists from a major US corporation. Known for its innovativeness, its products are used by most of us.
I thanked them for their creativity, perseverance, and hard work. Then I told them the bad news (which was actually why I’d been invited)…that other people had figured out how to “reverse engineer” all their hard work, and produce look-alike products being sold as “same as PRODUCT”, or “as good as PRODUCT”, or even as PRODUCT itself.
Innovation is hard work. It can take years of research, experimentation, testing, and development to bring a new product to market.
Because accounting works the way it does, these costs can be “capitalized” as an asset, then amortized over the economic life of the product. This asset is called “intellectual property”(IP), and it’s literally the coin of the realm in the Knowledge Economy.
In the United States, IP is protected by law as patents, trademarks, trade secrets, and copyrights. In fact, it’s so fundamental to our economy that it’s mentioned in the Constitution. In other countries, laws and enforcement vary widely.
What follows began as an article I drafted five years ago, shortly after a client asked us to look into trading irregularities in their product. The situation has not changed significantly since then. The only substantive thing that needed revising is the estimated amount of economic damage from “brand piracy”…upward…a telling commentary on how pervasive and intractable this problem is.
Game change
Sometime late in the 20th Century, counterfeiting made the leap from currency to everyday products. Now the Golden Age of product counterfeiting is upon us. No longer confined to knockoffs of luxury watches and handbags, product counterfeiters have moved aggressively into items as diverse as pharmaceuticals, cigarettes, auto and aircraft parts, entertainment products, and software.

For illustration purposes only
Leading brands tend to be the targets. For example, the heart drug Lipitor and Marlboro cigarettes have consistently been the targets of counterfeiters. (In both cases, the manufacturers, Pfizer and Altria, respectively, have successfully taken actions against the offenders.)
Readily-available technologies such as digital scanners and cameras allow near-perfect copies of product packaging, labels, and printed materials to be made, very inexpensively. Some production technologies, such as pill-making machines, can be bought inexpensively on the second-hand market. Good copies are almost impossible to detect without laboratory tests.
A source of funds
For illicit operators, the economics are very attractive. A carton of premium-priced cigarettes that retails for $75 in New York City can be copied for less than $5, then shipped for even less, yielding a gross margin around 90 percent. No marketing or R&D costs are incurred, and no taxes or duties are paid. The normal wholesale and retail distribution channels may even be involved as unwitting accessories.
This economic engine is reportedly being used by terrorist and outlaw groups—including Al Qaeda and Eastern European organized criminals—to fund their activities. And because many legitimate U.S. and European manufacturers now outsource much of their production to countries where intellectual property (IP) laws are weak and/or not rigorously enforced, there are enhanced opportunities to exploit these de facto loopholes.
