This chapter presents quantitative evidence on the use of small shipments in the transmission of counterfeit and pirated goods across global markets. Statistical evidence suggests that small shipments provide an increasingly attractive means to facilitate the trade in counterfeit goods for a large range of product categories. Indeed, the data show that small shipments and parcels tend to dominate in numerous trade routes, reflecting the shrinking costs of postal and courier shipments and the increasing importance of the Internet and e‑commerce in international trade.
The decision of a party to engage in the illegal production of counterfeit or pirated goods involves determinations of: i) what products will be counterfeited or pirated; ii) where the products will be produced; iii) where the infringement will take place; iv) what geographic markets will be targeted; and v) how products will be shipped to end markets without being intercepted. The factors driving decisions in this regard include the profitability and magnitude of potential markets for candidate products, technological and logistical factors associated with the production and distribution of the products, and the risk and consequences of detection by law enforcement bodies (OECD, 2008).
With respect to what is being produced and where, recent analysis indicates that the range of products being counterfeited and pirated is broad, ranging from high-end consumer luxury goods such as watches, perfumes and leather goods, to business-to-business products such as machines, chemicals or spare parts, and to common consumer products such as toys, pharmaceuticals, cosmetics and foodstuffs (OECD/EUIPO, 2016). Every product protected by intellectual property (IP) can be counterfeited; there are even records of seized counterfeit fresh fruits and other foodstuffs. Some counterfeit products, such as pharmaceuticals, spare parts and toys, can be of low quality and can create significant health and safety threats.