Author: adminficci

6^th June 2024 | New Delhi

Counterfeiting and contraband pose significant global challenges, impacting both developing and developed nations, including India. Despite India’s rapid economic growth creating opportunities across sectors, it has also inadvertently fostered an environment conducive to counterfeiters and smugglers. On June 6, 2024, FICCI CASCADE organized a stakeholder consultation in commemoration of World Anti-Counterfeiting Day, themed “Securing the Digital Frontier: Cooperation, Collaboration, and Best Practices.” The consultation garnered extensive participation from government bodies, industry leaders, law enforcement agencies, and civil society. Distinguished figures from various sectors shared insights on combating counterfeiting, focusing on themes such as enhancing enforcement measures, leveraging technology for authentication, strengthening regulatory frameworks, and increasing public awareness. Participants underscored the importance of forging partnerships among government entities, industry stakeholders, and civil society to effectively address these pervasive challenges.

Mr. B. Shankar Jaiswal, IPS, the Joint Commissioner of Police (Tech, Cyber, and Licensing) from the Delhi Police, brought attention to the multifaceted nature of counterfeiting and its wide-ranging impacts during the discussion. He highlighted the significant loss of government revenue and trademark rights violations resulting from counterfeiting, particularly emphasizing the challenge posed by counterfeit currency notes. Mr. Jaiswal also addressed the global issue of counterfeit drugs, outlining strategies such as stricter regulations and public awareness campaigns to combat this problem. He proposed adjustments in the risk-reward scheme for counterfeiters and suggested leveraging blockchain technology for supply chain security while cautioning against overreliance on it. Additionally, Mr. Jaiswal emphasized the importance of countering deepfake technology in social media platforms through the adoption of anti-deepfake tools. Overall, his insights underscored the pressing necessity for a comprehensive approach integrating technological innovation, regulatory interventions, and public awareness initiatives to effectively combat counterfeiting and safeguard economies, industries, and public trust.

Mr. Amit Goyal, IPS, Deputy Commissioner of Police – Crime, Delhi Police, emphasized the pervasive threat posed by counterfeiting, labeling it as one of humanity’s oldest crimes. He pointed out the dangers it poses to financial systems, national security, and public trust, citing the exploitation of vulnerabilities in security measures such as fake identities on social media and manipulation of e-commerce platforms. Mr. Goyal stressed the imperative of addressing these challenges to protect consumers and maintain the integrity of online transactions. Additionally, he discussed the rising trend of impersonation for fraudulent purposes, highlighting the necessity for improved training and awareness among stakeholders to effectively combat these deceptive practices.

Mr. Anil Rajput, Chairman of FICCI CASCADE, stressed the need for a comprehensive strategy to tackle counterfeiting. He highlighted the importance of legal measures, enforcement actions, consumer awareness, and industry cooperation. According to him, the Government, law enforcement agencies, businesses, and global organizations must enhance collaboration and innovate methods and technologies to combat counterfeiting effectively. The aim is to protect consumers, support genuine businesses, and maintain the integrity of global supply chains.

Dr. G R Raghavender, a senior consultant at CIPAM and former Joint Secretary of DPIIT, highlighted the profound economic and health repercussions of counterfeiting. He urged stakeholders to adopt robust strategies to combat this issue effectively. He shared the risks associated with counterfeit medicines and stressed the need for stringent measures to protect patient safety. Dr. Raghavender also discussed India’s proactive efforts in combating counterfeiting and protecting intellectual property rights through participation in WIPO treaties. Additionally, he underscored India’s commitment to biodiversity conservation as a signatory of the Convention on Biological Diversity, emphasizing the importance of collaborative efforts and public awareness initiatives in addressing counterfeiting.

During the consultation, Dr. Debi Prasad Dash, former Principal Director General of DRI and Chairman of the Enforcement Committee at WCO, who also serves as a distinguished member of the think tank at FICCI CASCADE, led an insightful panel discussion. Dr. Dash highlighted a nuanced perspective: smuggling activities are not solely confined to counterfeit goods; even genuine products can be subject to illicit smuggling practices. He highlighted FICCI CASCADE’s role in combating both smuggling and counterfeiting by bringing together various stakeholders. The discussion also touched upon the importance of TRIPS in tackling counterfeiting.

Various industries members put forward strategies to combat counterfeiting, emphasizing the importance of stronger legislation and robust laws. Collaboration is seen as highly effective, with stakeholders across the supply chain, consumers, and authorities working together to identify counterfeit products, share information, and prosecute offenders. Additionally, raising consumer awareness is deemed essential. Educating consumers about the risks of counterfeit goods empowers them to make informed choices and support genuine brands. There’s a call for increased consumer education on recognizing counterfeit goods, with consumer organizations playing a pivotal role.

The session attracted cyber-law experts and representatives from various organizations, including USPTO, JETRO, British High Commission India, Embassy of Denmark in India, Proctor & Gamble, Amazon, HUL, Diageo India, Marico, Pernod Richard, Asian Paints, and Western Digital.

Mr. Deep Chand, IPS, former special commissioner of police and advisor to FICCI CASCADE, wrapped up the event by summarizing the fruitful discussions that took place. During the session, participants delved into various strategies to combat counterfeiting, focusing on leveraging advanced technologies like authentication systems, track-and-trace solutions, and blockchain. The gathering highlighted global best practices in tackling counterfeiting, underscoring the proactive measures adopted across different parts of the world.

31^st May 2024 at 7: 00 pm

FICCI CASCADE organized a X (Twitter) Space program featuring Mr. P K Malhotra, Former Secretary, Ministry of Law and Justice and Think Tank Member, FICCI CASCADE on “Legal Insights & Strategies to Combat Counterfeiting and Smuggling” on 31 st May 2024. Mr. Malhotra shed light on the current global scenario of smuggling and counterfeiting, elucidating their substantial impacts on national economies, and lawful enterprises.

During the discussion, Mr. Malhotra highlighted the widespread prevalence of smuggling globally, emphasizing its detrimental impact on both national and international economies. He underscored the complex interconnection between counterfeiting, smuggling, and organized crime, which presents significant challenges for law enforcement and regulatory agencies. Furthermore, Mr. Malhotra emphasized how illicit trade practices contribute to the erosion of tax revenues, impeding government initiatives aimed at fostering economic growth. He also elucidated the adverse consequences of counterfeiting and smuggling on legitimate businesses, including the loss of market share, harm to reputation, and risks to consumer safety. Stressing the urgency of collaborative efforts, Mr. Malhotra emphasized the necessity for governments, industry stakeholders, and civil society to work together in developing robust legal frameworks and enforcement mechanisms to effectively combat illicit trade. He elaborated on the adverse effects of using counterfeit products, which include health risks, loss of trust in brands and sellers, and financial losses. Furthermore, the purchase of counterfeit goods can diminish consumer confidence in brands and sellers, particularly when they unknowingly acquire substandard items, resulting in disillusionment and doubt. He delved into specific laws outlined in the Indian Penal Code and consumer protection legislation aimed at preventing smuggling and counterfeiting. Additionally, he explored how smuggling intertwines with terrorism, highlighting its role as a funding source, facilitator, and tool for exploitation in terrorist activities. This connection amplifies security risks and hampers counterterrorism efforts.

To conclude, Mr. Malhotra proposed essential steps, such as enhancing international collaboration and sharing information to dismantle cross-border smuggling networks. He also stressed the significance of raising public awareness and conducting consumer education programs to reduce the desire for counterfeit goods. Furthermore, he highlighted the importance of cultivating partnerships within industries and adopting technological advancements to improve transparency and traceability in supply chains. These collaborative endeavors are pivotal in combating illicit trade and protecting the interests of economies, businesses, and consumers from its detrimental impacts.

Furthermore, participants were able to participate in a productive discussion,
exchanging thoughts and methods to reduce illicit trade and protecting socio-economic interests worldwide.

The online session attracted eager engagement from a global audience of over 15,000 participants.