A Study on the Luxury Goods Counterfeiting in the View of the Infringement on Design Authenticity

Abstract

The counterfeiting activity remains a major issue in the luxury goods market of China. The samples from
prominent international luxury goods are used and modified with identical design, material and pattern as to create an
inexpensive version of the same luxury goods in order to generate profits from the market in China. This type of practice
has caused a tremendous impact on the luxury industry worldwide and at the same time it has led to a very serious
issue of infringement. The study aims at the resemblance and the controversy stirred up by the practice of counterfeiting
luxury goods conducted in China. In the meantime, the Birkin from Hermes is used as the sample of the study along
with ten luxury goods experts to discuss and to conduct the Delphi method so as to probe the legal issue generated
by the counterfeit Birkin in the Chinese market in terms of its likeness. As the result of the study, a high degree of
resemblance has been discovered between the counterfeit Birkin and the authentic one regarding the appearance, size,
pattern and color. Conforming to the statement above, the study has applied the concept of design patent and trademark
counterfeiting in the Intellectual Property Law of Taiwan to implement a further discussion. Furthermore, the study has
probed the confusion of consumers caused by the difficulty in the recognition between the authentic luxury goods and the
fake one and the standard and the civil remedies caused by infringement.