Pirate copies
Piratkopior - Engelska
If a company gives you a pirate copy instead of the genuine article, you always have the right to file a complaint and demand a new product from the company. Be careful when buying products that you know are pirate copies. It may be both illegal and dangerous.
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Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
Pirate copies - keep this mind
You have the right to file a complaint and receive a new product if a company gives you a pirate copy instead of the genuine article.
In certain countries within the EU, you risk a fine if you buy pirate copied products.
Pirate copies products may be dangerous. There are no guarantees that they meet the safety requirements.
If you have accidentally purchased a pirate copy
If you thought that were buying a genuine article but the product was actually a pirate copy, the product is incorrect according to the Consumer Purchase Act. You can then demand that the company sends you the genuine article. If the company does not send you the genuine article, you have the right to cancel the purchase or get a refund. It does not matter if the company knew that it was a copy or not. Your right to file a complaint still applies. Read more about how you can file a complaint about a product If you have been deceived by a seller you can file a police report. It may also be a good idea to tip off the Swedish Customs, because that way the person who owns the original product will be told about the pirate copies. File a report on the website for the Swedish Police (in Swedish) To the website for the Swedish Customs
Dispute with the seller regarding pirate copy
Have you purchased from a Swedish company and the company refuses to fix the problem? Then you can file a complaint to the National Board for Consumer Disputes (ARN). ARN will assess your case and make a recommendation on how to resolve the dispute. It costs SEK 150 to file a complaint with ARN.
File a complaint on ARN's website If the company is located abroad, it may be that the law in that country applies. If you need help in handling a dispute with a foreign company you can contact the European Consumer Centre Sweden (Konsument Europa). It is a unit within the Swedish Consumer Agency that helps consumers with cross-border trade within the EU. You can reach the European Consumer Centre by contacting the Swedish Consumer Agency. Find contact information
How to identify a pirate copy
You can often see if a product is a pirate copy. You can check it by examining the product. A pirate copy is as a rule of lower quality than the original product.
What do seams, labels and packaging look like? On a pirate copy the seams may be sewn in a careless way, the labels are misspelled and the packaging is of a lower quality.
Is the trademark on the packaging the same as on the purchased product?
Is the product ridiculously cheap in comparison with what the label usually costs? If the price appears too good to be true, it may be a red flag that it is not a genuine article.
Pirate copies may have faulty product safety
When you purchase a pirate copy there is no guarantee that the product is safe. Many counterfeit products do not meet the safety requirements and often break easily. It may therefore be life threatening to buy toys or electronics that are pirate copies. Toys that break easily may be dangerous to children. Pirate copied toys rarely meet the safety requirements, and if the toys break easily or lose parts they may be life threatening to children since the child can choke on the parts. Make-up and skincare products may contain 60-70 ingredients and require advanced technology. Perfumes are easier to copy with a lesser ingredients than in colour cosmetics and skincare. Even though the smell of the pirate copy is quite similar to the original, a fake perfume may cause severe allergic reactions. Pirate copied drugs also lack safety guarantees. Pirate copies drugs may not even contain the proper substance or the amount is incorrect, which may be hazardous to your health in both cases.
Different rules in different countries in the EU
According to Swedish law, it is not illegal to purchase a pirate copy. However, if you purchase pirate copies while you are in a different country, the law in that country applies. In certain countries it is illegal to purchase pirate copies, which may result in a high fine for you. Make sure that you always find out what applies in the country you shop in. For example, in Italy you risk a fine of up to 10,000 EUR if you buy counterfeit products and the products are confiscated. You can receive a substantial fine if you buy "products of a suspicious origin". In this case, it is assumed that the designer, for example Gucci, Prada or Armani, is known to the consumer and that the product's low price should therefore be a red flag to the buyer and should stop him or her from buying it. People who have been fined have the right to appeal the fine to a government board in Italy.
Customs may act in different ways within the EU
Keep in mind that customs in the other EU countries may act in different ways. Certain counties intervene even if the counterfeit products are for personal use and of low value. Contact the embassies for the respective countries for more information.
The Swedish Customs has more information
The Swedish Customs can stop shipments that they suspect contain pirate copies. Read more about pirate copies and the role of the Swedish Customs on the website for the Swedish Customs
Report to the Swedish Consumer Agency if the company violates the rules
If you feel that a company has violated the rules of the law you can bring it to the attention of the Swedish Consumer Agency by filing a report. The Swedish Consumer Agency will check to ensure that the company is complying with the rules of the law, and reports is an important basis of the work carried out by the agency. However, a report does not guarantee that your individual case will be assessed or decided on. File a report on the Swedish Consumer Agency's website (in Swedish)
Source: KonsumentverketKonsument Europa
Proofread: 21 March 2024
This website is co-financed by the European Union. ECC Sweden is part of the Swedish Consumer Agency and is co-financed by the EU.