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Writer's picturetanveernawaz2020

The Legal Landscape Surrounding First Copy Watches




Luxury watches represent a world exclusive to the ones who are the masters of their art and history. Top brands such as Rolex, Omega and Patek Philippe have spent decades if not centuries in perfecting themselves and naturally building reputations based on quality and cutting competition. However, along with the great demand for the product, an equally high rise of the counterfeits is to be expected. "First copy watches" is perhaps the most common deceptive practice which involves manufacturing or copying luxury watches. These come at a very low price but are made to appear as close as possible to the original timepiece. To others, these may be a good deal, but the first copy watches legal issues are complicated and strict.


Definition Of First Copy Watches


First copy watches are those illegal alterations to the watches which maintain the overall appearance, the image and most importantly the use of the expensive watches. These are normally manufactured from countries which have few patents leading to low chances of manufacturers being prosecuted. They are sold as ‘first copy’ which means they are the closest imitations available, even making claims that it is made using the same materials and skill.


The main reason as to why these copy watches in dubai are appealing is their price. While an authentic Rolex can run into tens of thousands of dollars, a fifty’s second may sell for only a few hundreds. Such kinds of pricing are favorable to people who want the luxury associated with designer items but are not willing to spend that much money on such luxury items. Nevertheless, such buying and selling of these watches comes with very high legal challenges.


Intellectual Property Infringement


IP infringement is one of the most pronounced legal issues concerning the first copy watches. Most luxury watch manufacturers take additional measures to defend their trademarks, designs, and patents. When a manufacturer makes a first copy watch, they are often infringing on IP rights, specifically trademarks.


Counterfeiting or trademark infringement exists when the counterfeited goods have a mark that so nearly resembles a registered mark that it is likely to cause confusion. This is very common with first copy watches in that they have fake logos, brand names or any other identification that the watched initially had. Many such infringement activities are illegal under the trademark law which endeavors in avoiding confusion of consumers and the tarnishing of the brand image.


Design patents are what first copy watches may infringe upon along with the wide variations of the watch. A design patent provides for the protection of the ornamental features of a given product. If a first copy of a watch is almost identical in design to the original, it could breach the law of the design patent and its derivates within which the manufacturer, the seller or even the buyer can be held legally accountable.


Legal Consequences for Sellers and Buyers


Many countries consider the sale of first copy watches as against the law. About the penalties associated with selling replica watches; offenders may smart penalties such as prison for a couple of years. In some places, law enforcement authorities themselves do not leave this matter to neighborhood watch groups, but join a hunt for counterfeit watch sellers raiding places and seizing counterfeit products. The same systems also do a very good job on the internet to make people wish they didn’t sell counterfeit products.


As for the buyers of first copy watches, it’s not common but they do get in trouble legally if they do purchase such watches. There are simply some jurisdictions where the laws do not allow counterfeit items to be bought and people can get written citations or even be charged with crime. What about the confiscation of fake watches by customs, that is plausible since one will bring such a watch in for purpose and end up having to buy it and face the law.


Even if the buyer does not face legal charges, looking to possess a first copy watch may not be devoid of its impact. To illustrate, some of the high end brands of watches often sue individuals claiming that they possess a counterfeit version of their products, especially if the watch is up for sale or seen in public as being an authentic watch.


Impact on the Luxury Watch Industry


The rise of the first copy watches has a detrimental effect on the luxury watch market. It goes without saying that counterfeiting is a threat to the perception of premium brands among the consumers. There are also macroeconomic factors as counterfeit sales reduce the revenue of legitimate manufacturers and retailers.


Yearly, high end watch companies channel out huge sums of money averaging several million dollars to fighting counterfeits through research and the introduction of new systems that will help in distinguishing their goods. It is essential in order to secure their inventions and offer such limited products which are the cornerstone of the developing marketing strategies of the firms. Nonetheless, it is expensive and quite exhausting to continue fighting with counterfeiters which takes away attention from other business activities.


Legal Measures as a Means of International Collaboration


As the menace of first copy watches escalated, major luxury watch companies have continuously engaged in lawsuits against counterfeiters. They have filed suits against the companies that make so-called ‘luxury knockoffs,’ the distributors of the products, and websites that promote the sale of fake watches, and their resellers. Such legal actions seek to bring culprits to justice as well as discourage other people from similar oppression.


Counterfeit watches can also be successfully fought through international efforts. Numerous states have signed agreements on enhancing the intellectual property rights of authors and their enforcement. Various international organizations such as WIPO and Interpol have been actively engaged in these activities on behalf of the nation, focusing on the termination of counterfeit goods.


Conclusion


First copy watches leave room for numerous legal issues and jurisdictions of intellectual property in countries as varying enforcement mechanisms are present across jurisdictions. Though the appeal of these watches is likely to be significantly high for consumers looking for designer watches low in cost, it carries risks on the side of buyers as well as sellers. Luxury brands are willing to fight against the misuse of their intellectual property by their counterfeit or unauthorized products. The war against fake watches proceeds but it is necessary to know the law before buying expensive watches.

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