Only the best get copied. However, for companies in the plastics industry, it is hardly a reason to celebrate when their own products are imitated. Product piracy causes significant economic damage and endangers innovation. Especially in the plastics sector, where technological progress and material quality are essential, counterfeits can have serious consequences.
The challenges posed by plagiarism for the industry are substantial. A recent example is the machinery manufacturer Starlinger, which recently successfully took action against product piracy in China and was able to enforce a production halt. However, not every company has the same resources or specialised knowledge to optimally defend itself against plagiarism.
But there are proven strategies to protect oneself. This FAQ provides an overview of the most important measures and legal options.
- What is product piracy?
Product piracy refers to the illegal imitation or counterfeiting of products, often infringing patents, trademarks, or design rights. In the plastics industry, this affects, for example, counterfeit plastic parts, packaging, or machine components that are of inferior quality and can pose safety risks.
Plagiarism harms companies economically, endangers innovation, and can even lead to legal consequences for manufacturers and distributors.
- Why is plagiarism protection important for companies in the plastics sector?
Plagiarism protection is essential for companies in the plastics sector for several reasons:
Economic protection: Product piracy causes revenue losses and can impair competitiveness. Counterfeits undermine investments in research and development.
Quality and safety risks: Counterfeit plastic products often have inferior material properties, which can lead to safety risks – e.g., in medical products, packaging, or automotive parts.
Brand and company reputation protection: Inferior copies can damage a company’s image if customers mistakenly assume that the poor quality originates from the original manufacturer.
Legal protection: Companies that safeguard their products through patents, trademarks, and design rights have a stronger legal foundation to take action against plagiarism.
Competitive advantage: Effective plagiarism protection helps to secure unique selling points and stand out from competitors.
- What types of plagiarism exist in the plastics industry?
In the plastics industry, there are various types of plagiarism:
Direct counterfeits: 1:1 copies of an original product, often with a counterfeit logo or brand name.
Example: Fake plastic packaging with counterfeit brand logos.
Design and functional imitations: Products that closely resemble the original but are sold under a different name.
Example: A plastic component with an identical shape but without brand labelling.
Technology theft & patent infringements: Illegal imitation of patented or protected plastic technologies.
Example: Reproduced injection moulding tools that copy protected processes.
Material counterfeiting: Use of inferior or non-specification-compliant plastics.
Example: Allegedly high-quality recycled material that is actually stretched with low-grade fillers.
Brand piracy: Unauthorised use of an established brand name or logo.
Example: A plastic product with a well-known brand name that does not originate from the original manufacturer.
Each of these forms of plagiarism can result in economic and legal risks for companies, as well as quality losses for consumers.
- What legal regulations and protective measures exist?
Companies in the plastics industry can protect themselves against plagiarism through various legal regulations and protective mechanisms:
Intellectual property rights (IP protection)
Patents: Protect technical inventions, e.g., new plastic processing methods or innovative material compositions.
Trademark law: Secures names, logos, and designs to prevent brand piracy.
Design protection (registered design): Protects the external shape and design of a product.
International protection mechanisms
European Patent (EPO) & PCT Patent (WIPO): Enable protection in multiple countries.
Madrid Trademark Agreement (WIPO): Facilitates international trademark protection.
Hague Design Agreement: Serves design protection in various countries.
Measures against product piracy
Customs seizure by customs authorities: Companies can register their product copies with customs to stop counterfeit goods.
Warnings & lawsuits: Companies can take legal action against counterfeiters and claim injunctions.
Technical protection measures: Security features such as digital watermarks, RFID chips, or special material additives make imitation more difficult.
Industry initiatives & networks
Anti-Counterfeiting Action Groups (APM): Advocates for the protection of intellectual property.
EUIPO & Europol cooperations: Combat product counterfeiting in the European market.
Companies should use a combination of legal, technological, and preventive measures to protect themselves as effectively as possible.
- How can companies effectively protect their products and production processes from plagiarism?
Companies can secure their products and production processes with a combination of technological, legal, and organisational measures:
Technological protection measures
Tamper-proof materials: Incorporate special additives or marker substances into plastics that are only present in the original product.
RFID chips & digital watermarks: Invisible or machine-readable security features enable authenticity verification.
Blockchain technology: Digital tracking of the supply chain to identify product counterfeits more easily.
3D-printed security features: Complex structures or invisible codes in plastic components that are difficult to copy.
Legal protection
Patents, trademarks, and design protection: Register legal protections for new products and technologies early.
Contracts & non-disclosure agreements: Secure sensitive manufacturing details through NDAs (Non-Disclosure Agreements).
Customs registrations & seizure applications: Register original products with customs authorities to stop counterfeits at borders.
Secure supply chains & production
Close contact with suppliers: Choose transparent and certified partners throughout the value chain.
Production at multiple locations: Distribute critical manufacturing processes to make full imitations more difficult.
Regular audits & controls: Conduct quality and security checks to detect leaks or counterfeits early.
Customer education & authentication
Certificates of authenticity or QR codes: Customers can verify products online and identify counterfeit goods more easily.
Awareness campaigns: Inform retailers and end customers about the risks and identifying features of counterfeits.
A holistic approach combining technical innovations with legal and organisational measures provides the best protection against product piracy in the plastics industry.
- What economic damage is caused by product piracy in the plastics industry?
Product piracy causes considerable economic damage in the plastics industry:
Loss of sales & competitive disadvantages: Counterfeit products drive originals out of the market and lead to a loss of sales. In addition, original manufacturers have higher production and development costs, while counterfeiters sell more cheaply without these investments.
Image and brand damage: Inferior counterfeits can lead to quality problems that are wrongly attributed to the original manufacturer. Trust in the brand dwindles if customers have negative experiences with counterfeits.
Innovation brake: Companies invest less in research and development if new technologies are easily copied. A lack of investment protection ultimately weakens the innovative strength of the industry.
High costs for legal disputes & protective measures: Companies have to invest in patents, brand protection and legal disputes. Additional security measures (e.g. RFID chips, digital watermarks) increase production costs.
Threats to supply chains & jobs: Product piracy can lead to market distortions and cause economic difficulties for reputable companies. Job losses in affected companies are possible if market shares are lost to counterfeiters.
The economic damage caused by counterfeiting is therefore far-reaching and affects not only individual companies, but the entire plastics industry.
- What can companies do if they become victims of counterfeiting?
If companies realise that their plastic products have been counterfeited, they should take systematic action:
Secure evidence
Document the plagiarism (photos, product samples, packaging, dealer information).
Gather evidence of your own intellectual property (patents, trademarks, designs).
Take legal action
Contact a lawyer or patent attorney: Check whether a trade mark, patent or design infringement has occurred.
Warning letter or cease and desist letter: Request the counterfeiter to stop production and distribution.
Legal action: If necessary, file a lawsuit for damages and a ban on distribution.
Involve authorities and institutions
Inform customs authorities: Counterfeit products can be stopped by border seizure applications.
Contact trademark protection organisations (e.g. EUIPO, WIPO): Support with international cases.
Notify trade fairs and online platforms: Have counterfeits removed from marketplaces.
Strengthen technological protection measures
Introduce security features such as RFID chips, digital watermarks or special material additives.
Use blockchain-based traceability to ensure authenticity.
Communication & image protection
Inform customers about counterfeits to maintain trust
Strengthen own branding and consciously emphasise originality and quality.
A combination of legal, regulatory and technological measures is usually the most effective way to defend against counterfeiting.
- How can companies take international action against counterfeiting?
Companies can take international action against counterfeiting by using a combination of legal, technological and strategic measures:
Protecting intellectual property internationally
International patents & trade mark applications: Secure protection through the European Patent Office (EPO), the Patent Co-operation Treaty (PCT) or the Madrid trade mark system (WIPO).
Design protection in several countries: Possible through the Hague Agreement for international designs.
Cooperation with authorities & customs
Customs declarations & seizure applications: Intercept counterfeit products at borders, e.g. through the EU customs system or CBP in the US.
Co-operation with local investigative authorities: Support from national anti-counterfeiting organisations and trade associations.
Marketplace control: Checking online platforms such as Alibaba, Amazon or eBay for counterfeit products and reporting offences.
Contract management & supply chain protection
Strict contracts with manufacturers & suppliers: Clear agreements on confidentiality and exclusive production.
Use of track & trace technologies: transparency throughout the supply chain through digital tracking (e.g. blockchain)
Utilise technological protection measures globally
RFID tags & counterfeit-proof materials: labelling products with identification features that distinguish originals from copies.
Digital watermarks & QR code verification: customers and retailers can check authenticity.
Integrate networks & anti-plagiarism organisations
Membership of international associations:g. Anti-Counterfeiting Group (ACG), INTA (International Trademark Association).
Co-operation with industry initiatives: Exchange of experience with other companies in order to take joint action against counterfeiting.
Proactive, international protection through legal safeguards, technological solutions and close market monitoring helps companies to combat counterfeiting more effectively worldwide.
