Two days on the heels of World Intellectual Property Day (observed on April 26th worldwide), Jamaica had a celebration of sorts with a counterfeit destruction of epic proportions.
On April 28, 2016, a press briefing was held in Downtown, Kingston amidst a distinct mood of focus, determination and no-nonsense from the Counter-Terrorism and Organized Crime Division of the Jamaica Constabulary Force (C-TOC), the Jamaica Customs Agency (JCA) and the Jamaica Intellectual Property Office (JIPO).
On display at C-TOC’s downtown headquarters (for destruction later that day) was an astonishing array of counterfeit goods, ranging from headphones to skin lightening cream to rum. There were also large quantities of the more typical footwear and clothing items, estimated at 33,000 pairs and 25,000 pieces respectively. The value of the items, seized over the last 12 months, was roughly estimated at 1.5 billion Jamaican dollars (approximately US$12.4 million). C-TOC reported that its efforts over the said period resulted in 32 operations, 25 arrests and 12 convictions.
One of the arrests which attracted media attention was that of business woman Lan Yang, whose mutli-million dollar counterfeit clothing operation landed her a conviction and a fine of 2.7 million Jamaican dollars (approx. US$22,000.00). The value of fake Nike, Adidas, Puma and other famous brands found in her possession was estimated at in excess of 50 million Jamaican dollars (approx. US$413,000.00).
At the press briefing, JIPO’s Executive Director emphasized the importance of trade mark registrations. She also offered words of encouragement to brand owners plagued by knock offs, pointing to the seized goods as evidence of the court system working.
Indeed, brand owners should be very encouraged by this action on the part of the authorities, and should note that Jamaican trade mark registrations offer protection not just under the Trade Marks Act but also under the Customs Act and the Merchandise Marks Act. Together, these pieces of legislation comprehensively protect brand owners both at the Jamaican ports (whether goods are destined for Jamaica or in-transit) and across the island.
The joint address of C-TOC, JCA and JIPO is testament to the fact that the fight against counterfeits is a difficult one which takes combined effort, cooperation and commitment. As for the destruction, C-TOC made it clear that the public destruction was deliberate and designed to send a message to those involved in this illicit trade. It warned that it will be relentless in further pursuits.
It will be interesting to see the extent to which this message acts as a deterrent to counterfeiters in the future.