Severe sentences for selling replica furniture

Severe sentences for selling replica furniture

27. september 2015
Af Peter Ernstved Rasmussen

The Copenhagen City Court has sentenced three men to a total period of 2,5 years of imprisonment for selling replicas of Arne Jacobsen’s designer lamps and furniture classics such as “the Egg” and “the Swan.”

Denne artikel er en oversættelse af "Hårde fængselsstraffe for salg af kopimøbler" fra 16. september 2015.
This article is a translation of "Hårde fængselsstraffe for salg af kopimøbler" from september 16th 2015

The sale of illegal replicas resulted in sentences to a total period of 2,5 years of imprisonment to three middle-aged Danish men. The sentences were passed by the Copenhagen City Court and in the sentencing the judge emphasised that this is a serious crime which was organised and conducted in a professional way over a period of three years.

Two of the defendants received 1 year of imprisonment each, while the third defendant, who played a smaller role, got away with six months of imprisonment. Each sentence was made suspended in that this was a first occurrence and that the defendants from the start had laid their cards on the table and cooperated with the police with the view to solve the case. Nevertheless, according to the presiding judge this was one of the most severe sentences within the field of counterfeit goods.

The sales were made via the website invertu.com and included i.a. replicas of Arne Jacobsen’s classic chairs “the Egg” and “the Swan” as well as replicas of a number of lamps designed by the Danish architect and designer. But there were also replicas of Poul Kjærholm’s classic chair PK-22 as well as replicas of a number of other well-known Danish and foreign furniture designs.

Per Fiig is Deputy State Prosecutor at the State Prosecutor for Serious Economic and International Crime – also referred to as the Serious Fraud Office. According to him the sentence sends a strong message about that organized sale of counterfeit goods is punished severely.

»Counterfeit crime is not only a serious infringement of the rights holders, but on the whole an even increasing social problem. Reports from Europol, OECD, the EU Observatory on Infringements of IPR and UN show that trade in fake goods very much affects the European companies’ turnover in a negative way and that it costs thousands of jobs. At the same time, counterfeit products pose a serious risk to European consumers’ safety and health, due to the fact that there is no guarantee of how for example electrical devices such as lamps are produced. On this basis, I am very satisfied with the sentence,« says Deputy State Prosecutor, Per Fiig.

The case was originally reported to the police by “Rettighedsalliancen” (the rights holders’ alliance) which represents more than 85,000 designers, musicians, journalists, actors/actresses, film owners and producers. The investigation led to the three Danish nationals who are now convicted. In connection with the case they have explained that they thought that it was legal to sell replica furniture from countries where the copyright had expired.

But this is not allowed, if at the same time you are directing your marketing towards Denmark by having a website in Danish, if it is an opportunity to pay in Danish kroner, if there is telephone support in Danish and delivery to the door in Denmark. Senior Prosecutor Dorte Frandsen works at the Serious Fraud Office as Chief IPR and Cybercrime specialist - she is also the one who conducted the case in court.

»The sentence shows that Denmark takes counterfeit crime seriously. This fits very well with the recent reports from Europol which make trade in fake goods to one of Europol’s seven focus points – in line with narcotics, weapon and human trafficking. Organised criminals have for a long time spotted counterfeit goods as a very lucrative line of business to make a profit on. The profit earned is being used for the financing of other forms of organised crime such as arms trafficking and for terror financing. A sentence of imprisonment sends a clear message about that counterfeit crime comes at a price,« says Senior Prosecutor Dorte Frandsen.

The judgment delivered in Copenhagen City Court includes besides the sentence also the confiscation of 686 replica furniture and disqualification from trading with arts and crafts in the form of furniture and lamps for two years. A compensation settlement with the Rights holders’ Alliance has been reached.

For further information please contact Senior Prosecutor Dorte Frandsen by email DKH002@politi.dk or by telephone at +45 7268 9269.

Denne artikel er en oversættelse af "Hårde fængselsstraffe for salg af kopimøbler" fra 16. september 2015.

This article is a translation of "Hårde fængselsstraffe for salg af kopimøbler" from september 16th 2015

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