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Counterfeits: can the consumer also be the villain?

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

The IPKat, Merpel and Tufty have received an interesting and indeed provocative question from a reader who writes:

"Dear Feline Creatures

I am writing an article about the possible role of consumers in transactions involving counterfeit goods. In this context I have some ideas about a re-allocation of emphasis.

The theoretical point that I want to discuss is concerns the possibility of legal liability for consumers for purchasing counterfeit goods -- as a kind of contributory negligence; I refer to such consumers as potential ?counterfeitees?.

Are you aware of any legislation or case-law, anywhere, proposing and/or imposing a legal liability on such a basis? Any known scholarly sources or comments on the topic would be very helpful too".

The Kats can't think offhand of any specific legislation, though they have to concede that consumers are often wilfully blind, or very negligent, in buying goods which, from the price, the context of the sale, the quality of the packaging or the demeanour of the seller, they might have good reason to suspect of being infringements.

Full post as published by IPKat on April 20, 2010 (boomark / email).