During the Danish fashion week Danish brands and designers are celebrated. However, the creators behind the beautiful designs are not always allowed to reap the fruits of their hard work themselves.
According to the OECD and the European Trademark Authority (EUIPO) up to 5,8 per cent of the import into the EU is import of counterfeit goods – often including goods within clothing, shoes and accessories. In Denmark, companies miss out on almost DKK 7 billion in direct sales due to counterfeiting
Far too many Danish fashion designers are however not aware of what options they have to prevent counterfeitings or what to do once the damage has been done.
"It appears that people in the industry are not properly prepared to deal with copycats and therefore they risk missing out on large revenues when their products are copied. It is a real shame as a lot of resources, love and soul have gone into developing the products," says Henriette Vængesgaard Rasch, trademark and design manager at the Danish Patent and Trademark Office.
The trade association ‘Dansk Mode & Textil’, confirms that design companies lack knowledge about the options available to prevent counterfeiting in the industry:
“We know that many don't have sufficient knowledge about how to protect their design and business. Many Danish designers put a lot of work and resources into developing new creative designs, so we must do everything we can to help solve the problem. We would therefore like to contribute to increasing the knowledge in the industry about how to act and not least how to prevent counterfeiting/copying," says press and communications manager at Dansk Mode & Textil, Simon Hansen.
Danish designers should protect their design better
First of all, more companies must know their rights, says Henriette Vængesgaard Rasch.
"It is about being in a position as strong as possible against counterfeiting. It is therefore important that more companies in the fashion industry decide whether it makes sense for their business to register their trademark and protect the design of their products. For some it makes sense to rely on copyright and for others it is a bad idea to put all your eggs in one basket. It is much easier to prove that you are entitled to the rigth to your name and design if you have registered your IP rights, it may often put in a stronger position if you experience counterfeiting.”
Previous studies from the Danish Patent and Trademark Office show that only 12 per cent of Danish SMEs use rights such as patents, trademarks and designs.
Read more about EUIPO's assessment of the extent of the import of counterfeit goods into the EU: IP in Europe (europa.eu)
Three pieces of advice for fashion designers
- Create a strategy for how you can prevent counterfeiting/copying. Using a systematic approach, you can strengthen your position for preventing counterfeiting, and at the same time you can save valuable time and money if the problem arises.
- Keep an eye on the market Make sure to investigate sub-suppliers in relation to whether they have previously been involved in the trade of counterfeit goods.
- Submit a request to the customs authorities - free of charge – and ask them to look for and detain copies of your products.
For more advice on how to avoid being copied read more here