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Growing problem regarding the sale of counterfeit clothing in the national capital region (NCR) eliminated thanks to a new, partnership-based approach to protecting copyrighted merchandise.
In response to this growing problem and to the failure of our prior efforts to fight it, a committee made up of members of the Federal Enforcement Section was set up to find one or more proactive ways to eliminate the problem once and for all.
The sale of counterfeit goods, an activity very often geared towards a young, uninformed clientele, has become a worldwide problem. Multinational companies specializing in the manufacture and sale of clothing or other products are not only suffering astronomical losses, but are also seeing their reputation tarnished.
These companies have set themselves the goal of providing customers with a product whose standards for price and quality are higher than those applied to similar products offered by other manufacturers. They comply with all Canadian legislation (on copyright protection, customs, etc.) regulating the sale of their merchandise in Canada.
The sale of counterfeit items has flourished in the NCR, where conditions are very favourable to this activity. The trend towards brand-name clothing by manufacturers such as Nike, Fila, and Adidas is becoming more and more apparent, especially among young people.
After a few meetings, the members of the committee set concrete, measurable objectives.
First objective: To invite representatives of the main companies being defrauded and the owners of the three local flea markets (Stittsville, Masson, and St-Laurent) to sit down with us so that we could make them aware of this growing problem and involve them in finding the most appropriate and acceptable solutions for everyone concerned. This was the most crucial step, because we had to interest and involve all the stakeholders in our project so that the problem was not merely ours, but theirs as well.
Second objective: To publicize our partnership through newspaper coverage and strategically-placed posters put up at the various flea markets.
Third objective: To patrol the three sites once every two weeks. To meet the various vendors, to educate them on the offence of counterfeiting, and to make them aware of the potential repercussions on them. If appropriate, to conduct searches, arrest any belligerent individuals, and file charges against them.
Fourth objective: To follow up on the project with each stakeholder and report on the action taken by each one over the prescribed period.
The partners in our initiative were the following:
1: The law firms representing the companies whose products are most often counterfeited. Their role consisted mainly in attending a meeting with the committee and the flea market owners for the purpose of making the latter aware of the huge financial losses being incurred by the manufacturers and of the impact this type of crime is having. The law firm representatives also conducted a demonstration to show the flea market owners how to tell the difference between counterfeits and authentic goods. Our intention was to involve the flea market owners so that they would be able to spot suspicious merchandise and take appropriate action without our help.
2: The three flea market owners. After the demonstration presented by the law firms representing the various manufacturers, the flea market owners were easily able to identify counterfeit merchandise and take appropriate action, depending on the situation. We suggested that they take down the names of persons in possession of counterfeit items and deny them access to the flea market. They could then forward the names of these persons to us so that we could follow up on the matter. By proceeding in this manner, we were able to monitor various attempts to infiltrate the three flea markets. We observed that after a while, the suspects simply left the area. The second task we gave the flea market owners was to put up our posters in strategic spots where the public could easily see them.
3: The public. The public had a very important role in the project. In response to our posters, they gave us their impressions and any information that might lead us to other distributors or counterfeiters. Customers also contacted us to get information on counterfeit products so that they would be able to recognize them. The feedback received from the public enabled us to gauge the work being done by the flea market owners.
Over the course of the summer, the project was assessed several times. The only adjustment we needed to make concerned the patrols being carried out at the various flea markets. We had originally planned to perform these patrols once every two weeks, but given the interest displayed by the flea market owners and the measures they were taking, we realized that we didn't need to patrol the sites as frequently. We were therefore able to space out our visits more.
This new approach was a first for our section. All the members, even the most sceptical, had to admit that it was very effective, whether they took part in the project or not. Involving the flea market owners ensured that the police were not perceived as being aggressive. As a result, if we had needed to take any action, it would have been better understood by the general public. When we compared the 1998 initiative to projects undertaken in previous years, we observed that our section was much less busy with searches and seizures at flea markets and that statistics dropped considerably; in short, the project produced excellent results. We can honestly say that right now, customers who frequent the flea markets in the NCR no longer need to worry about the authenticity of the items they purchase.
We should never be afraid to innovate and find new approaches to problems.
Copyright Committee
c/o Cpl. Denis Angers
Federal Enforcement Section
"A" Division
Ottawa, Ontario
Tel.: (613) 993-4079
© RCMP-GRC Sept. 27, 1999
