2023-12-23 10:35:58
Stéphanie Leguay, lawyer at the National Institute of Industrial Property (INPI) and coordinator of the National Anti-Counterfeiting Committee (CNAC), deciphers the phenomenon of dupes.
Cosmetics, clothing, shoes… More and more brand products are crudely copied, presented as “dupes” by influencers and sold much cheaper. Is this trend similar to counterfeiting?
STÉPHANIE LEGUAY. But of course ! The word “dupe” used by influencers in their videos is simply the accepted version of an unauthorized activity: counterfeiting. But let me be clear: they are using a term that has gone completely viral to talk regarding… a crime!
These very crude “dupes” do not, however, seek to precisely copy the original product…
It’s true. But the definition of counterfeiting is not only identical reproduction. When you have a phonetic, visual or intellectual resemblance that makes you think of another brand, it becomes counterfeiting. A product that uses a shape, design or model that evokes another is a counterfeit. And when an influencer ― who very rarely acts voluntarily ― communicates by saying that a particular perfume resembles another from a major brand, it is counterfeiting.
This practice is not new. Since it is illegal, how do you explain its existence?
With the explosion of social networks, this phenomenon is accelerating. Brands are mobilizing every day, but fighting such a quantity of content is like trying to empty the ocean with a teaspoon. You have to cooperate with the social networks that post the content, dialogue with the brands and platforms that sell the products… It’s a bit like David once morest Goliath. And ultimately, the court decision is linked to the assessment that this or that court makes of the infringement.
Is the INPI taking action to support duped brands?
The INPI is not a repressive force. But we raise the issues within our informal anti-counterfeiting body, the CNAC. There, we deploy tools to help stakeholders on the legislative side but also through awareness-raising actions. We are well aware that the general public has a lack of understanding of the subject: most customers who buy dupes do not know that they are counterfeits.
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