Counterfeit goods at the Central Market in Chisinau. Photo by the author
Alexandru Iacub, Director of the Moldovan Customs Service, said: “In 2024, the efforts of customs authorities resulted in a significant increase in the number of copyright protection activities. More than 83,500 units of cargo suspected of trademark infringement were detained at the country’s borders, for a total value of more than 8 million lei. At the same time, the number of intervention requests filed by right holders increased, which testifies to their active participation in protecting their rights.”
It should be clarified that the customs authorities provide assistance to the right holders only in case of their direct request. Or if it is a well-known trademark, which has a wide distribution in Moldova and other countries. The Customs Service is obliged to assist right holders in protecting their interests when importing or exporting such goods, placing them under any customs regime on the territory of the country or when they are under customs control.
Information on the objects subject to customs protection measures is available on the official website of the Customs Union and is constantly updated as new requests are received.
Statistics show that in 2024 the dynamics of applications from right holders slightly decreased: there were 32 applications from national holders and 126 from international holders. A year earlier there were 38 and 144 respectively.
At the country’s border in 2024, 140 cases were initiated on suspicion of counterfeit goods in the import regime and 1 in the export regime. Of these, 53 were based on statements by right holders, 14 ex-officio and 74 in the combined regime. Such goods are mainly transported by road, and less frequently by mail or air.
Among the goods suspected of counterfeiting and detained at the borders of the country last year, prevailed parts and accessories for cars, motorcycles, bicycles – 28846 units; household linen (sheets, towels) – 23006 units; clothing and footwear – 13600 units; household (electronic) products, parts and accessories for cell phones, cameras, etc. – 3,772 units; games and children’s toys – 3,461 units; food and beverages – 3,166 units.
Also on the list are labels for various products, bags and purses, watches, perfumes and cosmetics, washing powders, electronic cigarettes, eyeglasses, medical goods, jewelry.
More often than not, such goods are destroyed. Last year they amounted to 94732.67 lei. But not all contraband falls under this. Thus, 1440 kg of candies “Red Cap” and 668 kg of candies “Grillage” and “Meteorite” were donated to social and children’s institutions for a total of 90800,4 lei.
The suspicions of counterfeiting are not always confirmed. Original goods, from which the suspicion of infringement of industrial property rights has been removed, are released after the authenticity and legality of importation into free circulation have been confirmed.
The most frequent country of origin of the batches of products detained at the border is Turkey (29 cases), China (21), Ukraine (14), Russia (8) and Romania (3). For 58 batches the country of origin could not be determined.
The Customs Service is not alone in fighting the problem of import and circulation of counterfeit and smuggled products in the country. It is a coordinated and complex work of all law enforcement structures – the Ministry of Internal Affairs, prosecutor’s office, sectoral supervisory bodies, etc.
The Agency for Intellectual Property (AGEPI), the Competition Council, the Agency for Court Management under the Ministry of Justice are also involved in the fight against trademark infringements.
Ex-director of AGEPI, lawyer Dorian Chiroşca has outlined for Logos Press the position of right holders on this problem. He represents in Moldova the interests of more than 70 world brands, among them Adidas, Puma, Chanel, etc., which have applied for registration in the customs register of trademarks for protection.
“We have had good cooperation with the Customs Service for 2-3 years now. In about 90% of cases, counterfeit goods are detained at the border. The main problem is pure smuggling. This is a very large-scale phenomenon. These fakes then find their way to markets and many boutiques in shopping centers. The police cannot fight this, it is not within their competence. The Agency for Consumer Protection is responsible for this, which has not conducted a single inspection for the last six months, and even before that worked very “delicately”, calling to “negotiate” with importers of smuggled counterfeits,” said Dorian Kiroshka.
The lawyer reminds that Moldova will soon be screened for the readiness to join the EU in terms of intellectual and industrial property protection. And it will be very difficult to pass it successfully.
