I have been very keen on researching about the cosmetics industry because of the answers that I wanted to seek pertaining to some of the questions. Despite strong I.P laws, yet the counterfeiting of cosmetics especially of national as well as international brands is so rampant. The e-commerce websites have not just created an avenue of enormous opportunities for the cosmetic brands but have also paved way for the online infringement of I.P. laws. The questions that I was seeking answers for were:
- What does the I.P regime lack in-order to protect cosmetic brands from their counterfeits?
- Whether cosmetic brands that are available on the e-commerce platforms are always genuine?
- How are the I.P laws trying to catch pace with the digitalized infringements?
- How can laws try catching pace with the changing times and trends in the cosmetics industry?
My quest to seek answers to these questions made me understand the views of the various stakeholders of the cosmetics industry who had their insights to share about the cosmetics industry.
According to many of the stakeholders the reason for fake or counterfeit brands in the market despite various laws are due to the lack of awareness among the larger masses and poor implementation of the laws in regard to I.P laws is one of the major reasons for fake brands being circulated in the markets. Whereas for some it is the exorbitant rates of cosmetic brands that lead to the counterfeits in the market.
Some also felt that the culprits are not punished quite often when they are caught in such offences is one of the reasons for counterfeits to be so easily found in the market. The comparison of smell, consistency, aesthetic look etc. of the products would help one decipher the difference between the original and counterfeit brands. This too is a process driven by time and familiarity.
T.R.I.P.S which stands for Agreement on Trade Related Aspects of Intellectual Property Rights. This is an agreement between all the member nations that are a party to the World Trade Organization. A standard form of agreement in trading is the need of the hour and T.R.I.P.S evolved as an agreement for standardizing multilateral trading systems by having a comprehensive multilateral agreement on intellectual property.
The trade of cosmetic brands has increased tremendously due to the wide user base of the products. The T.R.I.P.S agreement sets out the minimum standards for many forms of I.P regulations that apply to all the nations who are members of the WTO. It also includes the enforcement procedures and the dispute resolution procedures.
The T.R.I.P.S Agreement is an agreement which lays minimum standards but yet the members are allowed to provide more extensive protection of I.P if they wish so but the reality concerning the agreement seems breached after various spurious, fake, counterfeit and misbranded cosmetics still being major part of the cosmetic industry. T.R.I.P.S being one of the international agreements that covers almost all the I.P laws within its realm has yet faced lacuna especially because of counterfeits. Almost all the nations are signatories to this agreement but yet the influx of counterfeits within nations is a matter of concern. Despite domestic as well as international laws on counterfeit cosmetics yet there is no downward trend in the influx of the fake products.
The combating requires a joint effort from all the countries. Especially the online platforms need to be keenly monitored as the influx of counterfeits could take place from any international market. A meeting point of I.P and consumer laws would create a spark in the grey markets which is a parallel business model for many of the miscreants.
More the laws, the more complex the understanding of it is witnessed in societies especially like ours which have diversified opinions, view-points, ideologies etc. The nations with successful implementation of cosmetics laws can be looked upon so that we too can have a seamless cosmetics industry. Various concepts put forth by the foreign Courts can be referred while dealing with cosmetics industry to understand the various concepts that have evolved in other nations. Striking a balance between theory and practice vis-à-vis the beauty industry is what the law should strive for.
Cosmetics arena is vast and with the speed in which it is moving ahead the influx of fake products needs to be tackled by the same speed. Opening the door of contemporary approach and keeping the law makers and the enforcers aware about such contemporary changes is very much required. New issues need to be dealt with new approach and then there can be equilibrium between law and the cosmetics industry.
There is a steep rise in the level of counterfeits being sold online. Sometimes it is challenging for brands to counter counterfeits as they may not be produced in the local markets instead are being dumped from other nations. Especially the digital mode of purchase can make it difficult to identify the genuineness of the product. At times even the genuineness of the site from which it is purchased can be questionable.
The Drugs and Cosmetics Act, 1940 has penal provisions against misbranded, spurious and adulterated cosmetics. In the cosmetics arena there is interplay of various laws and awareness about the same serves as a boon to all the stakeholders within the cosmetic arena. The term spurious cosmetics is when a drug is imported under the name which belongs to another cosmetic or if it is likely to deceive or bear upon it or upon its label or container the name of another cosmetic or if the label or the container bears the name of an individual purporting to be the manufacturer of the cosmetic, which individual or company is fictitious or does not exist or if it purports to be the product of a manufacturer of whom it is not truly a product.
Various, IPC provisions such as cheating, forgery, criminal conspiracy, counterfeiting mark etc. can also be invoked by the consumers.
It is very essential for us to understand that cosmetics too play an important role in each and everyone’s life and compromising with the quality can have effect over our health. Thus, one needs to be aware of the counterfeits that are sold in the market. Though they may have a huge cost margin but understanding its implication over one’s health needs to be considered.
Even though there are domestic as well as international laws yet counterfeit cosmetics are rampantly found in the global markets. One can even find counterfeit cosmetics on social media platforms these days. The rise in online shopping has also given rise to the counterfeit markets. One needs to understand the repercussions of buying fake products and also attempt to curb its circulation in the market. A careful purchase is always better for the betterment of the consumers.
These are some of the suggestions that will help in countering the counterfeits in the cosmetic industry:
- Creating global awareness
- Purchasing cosmetics from genuine registered stores.
- Stringent laws with better implementation.
- Timely raids and checks at places where cosmetics are sold.
- Education & Campaigns on fake cosmetics and their health hazards.