Since 1988, every June 8th, the World Anti-Counterfeiting and Piracy Day is observed to raise awareness of the harm caused by these crimes in trade, health, and safety, discouraging research, development, and innovation processes, as well as the creativity of the human intellect in general.
Counterfeiting as a crime covers from the false attribution of personal identity, from natural or legal person, the sole use of a trademark, to the manufacture and distribution of adulterated products, not authorized by the rightsholder. While the term piracy, of a similar meaning, is used to refer to the appropriation, reproduction and distribution of artistic, scientific, and literary works protected by Copyright, in the same way, without the authorization of the owner.
Surprisingly, there are indications of counterfeit products dating from 200 BC regarding some stoppers to seal wine amphorae that had a false trademark of origin to illegitimately attribute the reputation achieved by their real owner. Today, 2000 years later, with the very advance of the industry and the opening of borders with globalization, counterfeiting mechanisms worldwide have become more sophisticated, and the digital economy has provided the space to facilitate large-scale distribution of counterfeit products and pirated works, also making it difficult to trace the infringer.
Regarding our country, the Dominican Republic is on the Non-priority Watch List for the United States, according to Special Report No. 301 issued at the beginning of the year by the Office of the United States Trade Representative (USTR), our most relevant business partner. We have been included among 5 countries with the highest pharmaceutical counterfeiting, and among 15 countries highlighted by online piracy and lack of effective enforcement. This report positively stand out the application of customs laws and the inspection against counterfeiting of health goods. However, it alleges "lack of political will to address long-standing Intellectual Property issues, particularly against online and signal piracy, including the continued deprioritization of Intellectual Property prosecutions and investigations." In addition, the most recent cases of adulterated alcohol intoxication could aggravate our position in the report, in which it urges us to take clear actions during the year 2021.
The total eradication of counterfeiting may be a chimera, but it certainly requires a short, medium, and long-term plan that includes all the actors involved, which could minimize its effects. In the short term, we would suggest prioritizing the awareness of the consumer himself, who is often surprised as a victim, and in many others can act as a facilitator with full knowledge and interest in the counterfeit product. That the consumer knows first-hand the implications that his purchase entails, intentional or not, to the normal exploitation of intellectual productions in commerce, whose authors and owners see their moral right to the recognition of their creation diminished, as well as their rights assets for their work, effort and investment in time and resources, benefiting people illegally by the work of others. That it is a theft as someone who steals any material or tangible property. Worse still, their health and physical integrity are threatened by these practices.
To the same extent, make the specialized authorities aware so that they do not minimize the consequences of the crimes prosecuted, not only with respect to the right of a few, as may be seen, but even the collective right, of which they are also concerned as citizens and consumers, of fair competition, health and even peace, being considered counterfeiting, piracy, smuggling and any crime against intellectual property as a preceding or determining offense, say, that "generates goods or assets susceptible to money laundering " and therefore also support the financing of terrorism.
In medium and long-term plan, it could include the acquisition of high-tech that allows the infringer to be more easily identified, collaboration with international authorities, the strengthening of processes and institutionalization for the application of border measures and the paralysis of clandestine trade, the transformation of the health system aimed at health surveillance instead of the previous health sanitary registrations, among others.