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Together we can identify, avoid and combat counterfeiting. Read on to find out who can help when problems arise.
Consumer
How can I identify counterfeit products?
Distinguishing an original product from a counterfeit one is not easy for consumers. As a rule of thumb, always remember: if something seems too good to be true, it is. This means you should always think twice when you see products for sale at unusually low prices. Be especially careful and alert when buying items coming from outside the European Union. It is always better to buy products from specialist sellers and official shops, or to visit tax-free shops. This applies both to online purchases as well as purchases from physical shops. In some cases, you can identify a counterfeit item because the brand name is misspelled, or because of the absence of specific safety information, or because the product looks slightly ‘off’ or not up to the usual standard.
How can I avoid buying counterfeit products online?
Do the webshop check provided by the European Consumer Centre (ECC) .The ECC can also provide legal advice if you encounter problems when buying products from abroad.
If you have a problem with a trader in Belgium, you can consult the Consumer Mediation Service or the Ombudsman for Retail.
I unknowingly bought a counterfeit item! What now?
If you unexpectedly received a counterfeit product, or if you feel that you have been duped as a consumer, or if you suspect fraud, contact Customs and Excise, the inspectorate of FPS Economy or the Belgian Anti-Counterfeiting Association.
Businesses
How can I protect my products from counterfeiters?
Businesses must protect their products against counterfeiting. Products represent an investment in terms of creativity, research and development. In theory, intellectual property rights afford legal protections against various aspects of counterfeiting practices. However, applying and upholding this legislation is specialist work.
The International Chamber of Commerce in Belgium (ICC Belgium) can provide you with further information about this
Someone is producing counterfeit versions of my products. What now?
Businesses have recourse against counterfeiting of their products under law. A number of institutions can also help. Depending on the nature of the case, you can contact Customs and Excise, the inspectorate of FPS Economy, the Federal Police’s fraud hotline or the or the Belgian Anti-Counterfeiting Association
Take action with the help of Customs and Excise
Customs and Excise oversees the import of goods into Belgium. If it suspects that products are counterfeit, it can apply Regulation (EU) No. 608/2003 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights.
The procedure is as follows:
Before Customs and Excise can take action, you must submit an Application for Action (AFA). This must be registered in the online database of the Anti-Counterfeit and Anti-Piracy Information System (COPIS). This is the central database used by EU customs authorities to administer applications for customs action. Without a prior AFA, the business may be asked to submit a regular AFA, which may or may not result in the start of a simplified procedure. In this AFA, the business must indicate its express consent to initiate these proceedings. The simplified procedure is only possible if the AFA is submitted correctly and if the entity in possession of the products agrees to the procedure.
For more information about the circumstances in which Customs and Excise can take action, see the brochure:
Take action with the help of Customs and Excise
This inspectorate can take action against infringements of intellectual property rights in Belgian territory, either on its own initiative or based on a complaint lodged by a copyright holder, consumer or other party.
More information is available here.
Take action with an intervention by the Federal Police
The Federal Police can help you identify counterfeit products. They are often asked to intervene in connection with legal procedures, such as the seizure of counterfeit goods and their subsequent confiscation or sealing. Their fraud hotline can answer questions and provide advice. Contact the fraud hotline.
Take action with the help of the Belgian Anti-Counterfeiting Association
The Belgian Anti-Counterfeiting Association (ABAC-BAAN) is a non-profit organisation, providing a platform for trademark owners to join forces and support businesses in various aspects of combatting counterfeiting. ABAC-BAAN can assist its members in anti-counterfeiting cases involving Customs and Excise, the police and the inspectorate of FPS Economy. More information is available here.
Service providers
For partnership projects with the relevant authorities contact Customs and Excise.
To consult with experts in the fight against counterfeiting and a foundation that can help to disseminate useful information on this topic, contact ICC Belgium.