Friday, May 13, 2016

PRODUCT SPECIAL ......WHY MAKE IN INDIA WHEN YOU CAN FAKE IN INDIA


WHY MAKE IN INDIA 
WHEN YOU CAN FAKE 
IN INDIA


….an in-depth analysis of the scale of counterfeit 
productsin consumer good categories, and what 
brands and the government need to do 
(and are doing) to control their mushrooming.

Most of us know at least one person who went abroad during
summer holidays and returned f launting hisher Gucci bag 
and Prada glasses. Often there would be a clique, green with envy
touting it all to be `duplicate maal' (fake products).
They weren't always far from truth considering how rampant
counterfeiting is, globally, when it comes to luxury products.
India is one of the hotbeds for the same with every city
boasting of at least one popular destination for premium
brands at non-premium rates.
Buying fake luxury products happens at a consumer's volition
when he wants to meet his esteem needs but not pay the
price. It's called `willful counterfeiting' in industry parlance.
And consumers in India can easily get away with it since we
don't have laws that can get one arrested for purchasing
fake premium products (unlike France and Italy).
The kind of counterfeiting that's cause for concern however
is daily use products such as food, beverages, medicine,
auto parts, beauty products, and software. Almost a third
of each of these categories is plagued with fakes, giving
market leaders -always soft targets for counterfeiters
-sleepless nights. Here's why:

FMCG and Packaged Food:
In 2015, FICCI CASCADE (Committee Against Smuggling
and Counterfeiting Activities Destroying the Economy)
releaseda study that says the government lost nearly 
`6,000 crore to the grey market of FMCG personal goods. 
The report also mentioned that 31.6% of FMCG personal 
goods space is several shades of grey. 
The number is 21.7% for thepackaged foods industry. 
Which means roughly 15th of all the packaged food you're 
buying may well be counterfeit and posing a serious threat 
to health and safety.
Auto: 20% of road accidents in India are attributed to fake
automotive components , says a study by Nielsen and ACMA
(Automotive Component Manufacturing Association Of India).
The auto aftermarket is worth `40,000 crore, as per the 
samestudy. Fakes account for 36% of the pie.
Amid the loss to the government exchequer ` 2,700 crore 
per  annum ­ is the incomputable value of the loss of life.

Pharma:
India is one the biggest markets for drug
counterfeiting, says Zaheer Khan, chairman of EIPR
(Enforcers of Intellectual Property Rights) an anti-piracy wing
that specialises in conducting raids to bust these rackets .
Khan and his team conduct two to three raids every day,
across the country.
In one of these, they found life saving drugs being produced
in a cement mixer. “The level of hygiene was deplorable.
Later we found the drug had salt at 100 times its
recommended value.
You often find such cases in baby products as well,“ says Khan.

Beverages:
Be it alcoholic or non-alcoholic, the death toll due to fake
products in both catego ries is alarming. “About a decade
ago, when returnable glass bottles used to be the primary
 package for the beverage industry, it was grappling with
the manufacture and sale of spurious products.
It's relatively easy to fill and seal fake beverages in glass 
bottles,“ says Arvind Varma, secretary general of IBA 
(Indian Beverage Association). With consumer preference 
shifting to PET packs
(they are now 65% of the market), the issue is more of
counterfeit rather than spurious products, he adds.
You can't even expect consumers to catch the fakes.
Often packaging material gets leaked out of the company's
own supply chain. “The dubious manufacturer picks original
packaging from the recycled market and refills it with
substandard liquid. Bottle caps are easy to imitate anyway,“
says Anurag Kashyap, partner fraud investigation & dispute
services at EY (Ernst & Young). Some Chinese counterfeit
imports contain addresses of Baddi (Himachal Pradesh) or
Haridwar (Uttarakhand) on their packaging instead of
Made in China'.
This ensures the consumer doesn't get suspicious given
these are popular manufacturing destinations in the country.
Apply this methodology to any branded commodity and
you have a ready reckoner on `How to make a successful 
fake'.

Tales of Online Fakery
Several reports have indicated how counterfeiting has been
spreading to the online luxury space. But with the 
ecommerce #BigSaleDay hysteria, several other product 
categories have also come under the grey cloud. 
“25% of all the products available online would be 
counterfeit,“ says Dinesh Anand -partner and leader of 
forensic services at PwC India.
But that's just his person al assessment, he's quick to add.
Drugs, electronic appliances, and tech products are the 
worst affected.
Says Rajesh Gupta, country manager ­ India and SAARC
for SanDisk: “Counterfeit products were typically sold at
known hot spots in each city: outside railway stations or
weekly markets, where consumers are in a hurry and it is
not easy to trace back the seller. Now counterfeiters are also
becoming active on e-commerce.
Some unmanaged online marketplaces are abused by
counterfeiters where they exploit anonymity to sell with
sense of impunity.“ Sites ending with url extensions like
`.tld' and `.brand' are usual suspects we hear -easy to go
unnoticed by an ordinary user. No wonder all the major
ecomm brands are devising measures to check the 
penetration of fake sellers on their sites. Delisting is common. Amazon
does it regularly. Flipkart apparently delisted 100 sellers as
of last October. They also have a `mystery shopping' activity
where employees buy products to check how fake-proof the
system is.

Who Will Bring On The Counter Strike?
It's a hard task considering this mammoth industry grows
irrespective of the mini holocausts it's subjected to by way
of raids and arrests. As EY's Kashyap says, “These are not
entrepreneurs who want to grow in one line of business.
They switch to producing whichever brand's packaging
material is readily available.“ Every day 100 websites shut
down but 100 others mushroom as well, adds PwC's Anand;
a given in a huge margin and extremely low risk business.
It's not that we don't have adequate laws in place.
“But stricter enforcement has always been the problem,“
says Dipankar Barkakati, additional director and head
IPR & FICCI CASCADE at FICCI. Factors like resource crunch,
the lack of enforcement officials and IPR infringement cases
not being a priority have also been a problem area, he adds.
“Moreover, India lacks deterrent punishments in IPR violation
cases; hence offenders are not intimidated enough.“
Basically, if things go awry, the punishment is not even a patch
considering the gravity of the offense and its implications.
With a new IPR policy in the offing, Barkakati and the FICCI
CASCADE team hope that the situation will improve.

What Are The Marketers Doing?
As a part of its Combating Unfair Competition (CUC) program,
Hindustan Un i l e v e r ( H U L) applies a three pillar strategy
to fight counterfeiters: building a dedicated team with ample
money and resources; educating consumers about IPR;
and finally working with the government on regulation and
enforcement. Dev Bajpai, executive director ­ Legal and
Company Secretary, HUL, agrees with FICCI on the IPR
issues. “There are still rough edges in IPR related legislations
that need to be corrected,“ he says.“ These come in the way
of effective actions on the field and HUL is working through
industry associations to have these dealt with by the government, he adds.
The onus is not on the government alone, which is why every
year, HUL commemorates World IP Day and World
Anti-Counterfeiting Day, to propagate knowledge about IPRs.
As Mohit Bahl, partner and head forensics at KPMG India,
explains: “Creating awareness about genuine and fake
products by educating consumers is of paramount importance
since more than the top line it hurts the brand value.
Consumer trust once lost can be difficult to regain.“
Brands have started waking up to online counterfeiting as 
well.
“Pharma companies, for instance, now use digital authentication
apps,“ says Anand of PwC. The app allows users to send
images of a medicine available online and detect whether
the seller is genuine.
In fact, brands aren't the only ones embracing tech solutions.
Two government sector undertakings have adopted Onspot
solutions -a unique QR code that's integrated in product
packaging which can be scanned using either the same app
or a regular QR code scanner, to verify product authenticity
in real time. “In a scenario where it's so easy to copy
holograms, cause pilferage in the supply chain, and dupe
consumers -this technique proves really helpful in detecting
counterfeiting,“ says Rajiv Hiranandani, executive director,
Onspot Solutions.
Several other market leaders employ investigative agencies
that conduct raids on counterfeiters. But raids don't ever
nip the evil in the bud, feels EY's Kashyap. Often the dealers
have a nexus with the police, he further adds.
Liaising with the likes of FDA (Food and Drug Administration)
to conduct raids and deal with manufacturers, wholesalers,
and retailers is a better option, he feels.
To settle the debate between raids and investigation, PwC's
Anand rightfully concludes: “At this point, everybody is in a
reactive mode than a preventive one. I don't think anybody
knows what the right solution is, but every unit is doing its
bit to check it to the best of their ability.“
You, dear reader, should do your bit too,
no matter which side you're on.
By Shephali Bhatt

ET4MAY16

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