Watches, T-shirts or perfume – some holiday destinations not only offer relaxation, but also the opportunity to buy imitation branded items for little money. The Lower Saxony Consumer Center clarifies whether this is legal and what problems can arise when traveling home or onward with counterfeit items in your luggage.
“In principle, sellers of counterfeits must expect legal consequences, such as claims for damages due to violation of trademark law. “However, buying counterfeit products is not prohibited,” says Tim-Oliver Tettinger, legal expert at the Lower Saxony Consumer Center.
Nevertheless, buying counterfeits is no small matter, but causes economic damage that should not be underestimated, says Tettinger. In addition, the fake luxury watch or the counterfeit designer shirt can cause problems for consumers on the journey home:
“If customs suspect that the goods are being imported for commercial purposes – i.e. are to be resold – they can confiscate them at the airport or at the border,” explains the expert. He can then submit it to the original manufacturer for plagiarism checking. He either destroys the goods afterwards or returns them - but this can be expensive: “Those affected may incur storage and customs costs as well as import sales tax,” says Tettinger.
Tips from the consumer advice center
Holidaymakers should note: Especially if there are a large number of items in their luggage, there is a strong suspicion that the products are being resold domestically. However, it is best if consumers do not pack any fake souvenirs. However, if several counterfeit luxury watches end up in your suitcase and customs intervene, travelers do not necessarily have to fear a warning because of a trademark violation. “But it can’t be completely ruled out,” said the expert. The line between commercial and personal use is fluid and distinguishing between the two uses is not always easy. The consumer advice center advises not to sign a warning prematurely and to seek help from specialized lawyers.
If you have any questions, the Lower Saxony Consumer Center can help you with advice – on site, by telephone and via video: www.verbraucherzentrale-niedersachsen.de/beratung
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