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Counterfeiting is the illegal manufacture and sale of branded replicas of a product. Crucially, a counterfeit good will include the trade mark used in association with the copied product (without the permission of the trade mark owner). The trade mark might be affixed to the product itself, its packaging or in marking material, such as on a website.

Counterfeit goods are commonly referred to as ‘fakes’ and are often of inferior quality to the product they imitate. Certain types of counterfeit goods such as children's toys, pharmaceuticals, foods and electrical equipment may pose a public safety risk. Typically, counterfeit goods are produced in regions where manufacturing costs are low such as Asia and Eastern Europe. Consumers are either duped into buying a fake or, especially in the field of designer clothes, knowingly purchase a cheap ‘knock off’.