Lok Sabha Question No. 1306 (UNSTARRED), answered on 2021-02-09
Subject: Selling Fake Goods
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Gangasandra Siddappa Basavaraj

## Government of India Ministry of Consumer Affairs, Food and Public Distribution

## Department of Consumer Affairs

## LOK SABHA UNSTARRED QUESTION NO. 1306

TO BE ANSWERED ON 09.02.2021

## SELLING FAKE GOODS

1306. SHRI G.S. BASAVARAJ:

Will the Minister of CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=h be pleased to state:

- (a) whether a recent report released by the US Trade Representative (USTR) include flea markets in New Delhi and Mumbai and also an e-commerce platform operating in India for selling fake goods, involving counter-feiting and piracy and if so, the details thereof;
- (b) whether the Consumer Courts have been entertaining complaints from buyers about fake goods sold in flea markets, if so, the details thereof;
- (c) whether the  Consumer Courts have received complaints, emanating from 37% of the purchasers about the quality of the goods as sub-standard and the labels, fake and counter-feited imitating top brands; and
- (d) whether awards have been given to consumers as rightful compensation, if so, the details thereof?

## ANSWER

miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h ¼Jh nkuos jkolkgsc nknkjko½

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI DANVE RAOSAHEB DADARAO)

- (a) :    As  informed  by  Department  for  Promotion  of  Industry  &  Internal  Trade,  the Office  of  the  United  States  Trade  Representative  (USTR)  released  the  findings  of  its Annual Special 301 Report on Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List), on January 14, 2021, which highlights online and physical markets  that  reportedly  engage  in  or  facilitate  substantial  trademark  counterfeiting  and copyright piracy.

Observations  in  the report are  specific  to  addressing  concerns  of  American consumers and it may be noted that India is under no obligation, to take action based on reports  being  generated  by  independent  sovereigns.  However,  Central  Government  has been  taking  active  steps  to  control  the  menace  of  counterfeiting  and  piracy.  Several initiatives  to  strengthen  enforcement  agencies  through  regular  training  and  sensitization programs have been undertaken by the Cell for IPR Promotion and Management (CIPAM) with Police, Customs and Judiciary. Apart from creating legal deterrence, a large number of awareness and sensitization programmes are carried out to encourage customers to buy original products and inform them about the consequences of buying fake and counterfeit products.

(b) & (c) :  Consumer Commissions entertain all types of consumer complaints, including complaints  from  buyers  about  fake  goods,  in  terms  of  the  various  provisions  of  the Consumer Protection Act, 2019. However, no separate data with regard to such Consumer Complaints is maintained.

(d) :  Every consumer case is decided / disposed of by the Consumer Commissions on the basis of facts & circumstances of each case and in terms of the provisions of the Consumer Protection Act 2019. The Consumer Commissions are empowered to give relief of a specific nature and award, wherever appropriate, compensation to consumers.

*****