Counterfeit and Confiscated Goods Disposal: Facts and Questions

Counterfeit and confiscated goods are growing due to the easy access to online selling platforms. These goods are no longer only available at markets or shops, but can easily be accessed online through websites, auctions and even social media. These goods can be found all across the world and can often look legitimate as online companies can feature advertising from reputable businesses and can accept popular banks and credit cards.

This increases the risk of consumers purchasing counterfeit and confiscated goods and allows criminals to profit from items they had nothing to do with making. Consumers can receive poor quality goods that are often unsafe and also risk their personal information being compromised.

Due to this, it is essential to dispose of these items correctly to ensure public safety. Discover valuable facts and questions about counterfeit and confiscated goods and our essential goods disposal service at Novus Environmental.

What are counterfeit goods?

So, what are counterfeit goods? These are goods that are made or sold illegally without the brand owner’s authorisation. They often violate trademark legislation and use a brand’s name, logo, or trademark. Trademarks are used by brands to help consumers identify their products and counterfeit goods steal this identity.

Counterfeit goods closely resemble authentic products but are often low-quality and faulty, which can be dangerous. Due to resembling popular brands, these goods can easily mislead consumers into thinking they are legitimate products. These goods contribute to the economy and sales constantly rise without consumers even knowing that they are fake!

What are confiscated goods?

Confiscated goods are products that have been seized by the government. When products have been seized, they no longer are possessed or owned by the original owner but are owned by the government. Confiscation can occur due to customs offenses, smuggling or breaches related to customs, excise or explosives. Counterfeit and confiscated goods go hand in hand together as counterfeit products are confiscated and disposed of properly by customs.

Is buying counterfeit goods illegal?

A common question with counterfeit and confiscated goods is “is buying counterfeit goods illegal?” The answer to this is no, it isn’t illegal to purchase counterfeit goods. However, goods can be confiscated at borders when delivering to you or when you are crossing any border with the goods.

The law in the UK focuses on individuals or companies who sell or possess with the intention of selling counterfeit goods. This is where the law applies, and hefty fines and criminal sentences can be given. However, with purchasing counterfeit or confiscated goods it’s best to return them and report the goods as they can be faulty, dangerous and of very low-quality.

If your goods are confiscated by customs due to being counterfeit or suspicious, there can be fines faced which could be a Civil Customs Penalty. This can be between £250-£2500.

Is it illegal to sell counterfeit goods in the UK?

Another popular question when it comes to counterfeit and confiscated goods is “is it illegal to sell counterfeit goods in the UK?” Simply, the answer is yes, it is illegal to sell and possess with the intention to sell counterfeit and confiscated goods. Selling or intending to sell is committing criminal offenses and serious consequences can occur to businesses or individuals who are selling these products. This is because it breaks the Trade Marks Act 1994 legislation which covers all products that use a brand trademark exactly or that can likely be mistaken for the real brand.

Is it illegal to return counterfeit goods?

So, is it illegal to return counterfeit goods? If you have purchased counterfeit goods, it isn’t illegal to return them. In fact, you are encouraged to return any counterfeit goods and have the legal right to a refund. You should also report the seller to Trading Standards or report them for fraud to shut the seller down from selling counterfeit goods.

Returning counterfeit goods allows you to legally gain a full refund as long as it’s within 30 days after purchase.

What is the penalty for buying counterfeit goods in the UK?

The most popular question for these goods is “What is the penalty for buying counterfeit goods in the UK?” Due to purchasing counterfeit goods not being illegal in the UK, it means that there is no penalty. However, it is encouraged to stay away from counterfeit and confiscated goods and say no to them. This is because of their poor quality which can be unsafe, especially for technological products.

There is a possibility to receive a customs fine if the goods are confiscated while being delivered to you.

What is the fine for selling counterfeit goods?

Selling counterfeit goods is vastly different from purchasing them as it’s illegal to sell these goods in the UK. So, what is the fine for selling counterfeit goods? Well, the punishment for selling these goods ranges from fines to criminal offenses that can lead to prison time. It all depends on the business or individual and what laws they have broken. Selling counterfeit goods breaks the Trade Marks Act 1994 instantly. However, depending on the types of products being sold, the volume of products and how culpable an individual or business is, can break other acts too. These acts that can be broken are:

• The Electrical Equipment (Safety) Regulations 2016
• The General Product Safety Regulations 2005
• Toy (Safety) Regulations 2011
• Plugs and Sockets Regulations 1994.

Organisations and individuals can be ordered to compensate consumers for any personal injuries, loss or damage due to the goods. This is usually first before any other financial penalty. However, fines can also be given on top of this depending on the severity of the crimes committed. These can range massively as the more severe a counterfeit goods operation is, the more they owe the courts and government.

It is also common for individuals or companies to receive confiscation orders too. This decision is only made in a Crown Court and ensures that the counterfeit goods can no longer be sold. Criminal sentences to prison and community orders can also be given as a punishment for selling counterfeit goods. The time of a sentence or community order depends on the severity and how many legislations have been broken.

Forfeiture of property, confiscation orders, compensation orders and other disposals can be given as punishment as well, ensuring that a business or individual can no longer continue to sell their goods.

How to stay clear of counterfeit and confiscated goods

There are clear signs to help you avoid counterfeit and confiscated goods so you can prevent your personal data from being misused and reduce the risk of having a faulty and dangerous product. These signs to spot are:

• If the goods are heavily discounted or there’s always a flash sale for them.
• Being asked to disclose sensitive information or transferring money for payment.
• If the business or individual has lots of content and updates on social media but gains little engagement within groups and pages. The real brand will have engagement by consumers even if they are a smaller business!
• Advertisements with links to fake websites offering flash sales on social media.
• Links being shared constantly in short periods of time.
• Having a social media account with no verification or authentication signs.
• A fake profile that uses the original brand trademarks. It is always best to check the original brand’s website to find their social media before purchasing that brand.

Our collection and disposal service

At Novus Environmental, we work with a variety of Government Bodies, national organisations and local authorities to provide a compliant counterfeit and confiscated goods disposal service. Our service is efficient, reliable and the best-in-class collection and disposal service that includes full asset tracking and comprehensive reporting and certification. We ensure that counterfeit and confiscated goods are prevented from entering the marketplace to protect reputations.

Novus Environmental will discuss your exact needs to provide an expert, bespoke and rapid disposal of your goods. Please contact us today if you need our expert help with counterfeit and confiscated goods.