Have you bought counterfeit goods?

Updated: 4/10/2015

If you have ordered and paid for an original product, (for example a computer program) but have received an illegal copy, the product falls under the category “defective goods” according to the Consumer Purchases Act. 

Picture of people selling goods on the street.

You then have the right to claim the real product, or if that is not possible, the right to cancel the purchase and get a refund.

If the trader is Swedish and refuses to help you, the dispute can be taken to an Alternative Dispute Resolution organ, in Sweden - The National Board for Consumer Disputes (ARN, Allmänna Reklamationsnämnden).

Did you buy the product from another individual who refuses to send you the right product, or to give you a refund, the dispute has to be taken to court. In these cases you cannot take the dispute to ARN.

If the trader is based abroad the general rule is that it is the legislation in that country that applies. Often, however, it is not stated where the trader is based. Companies regularly change names, or are taken out of business, and then it can be difficult for you to get a refund.

In Sweden it is not illegal to buy counterfeit products if you purchase the product in good faith.

When it comes to reporting trademark infringement, it is important to inform the legal owner of the original product, i e the manufacturer or the general agent, when you have come across a counterfeit product. It is then up to them to take necessary actions to either sue the trader for trademark infringement or to make a claim against the buyer.

Contact your bank if you have paid by credit card

If you have paid by credit card, contact your bank. According to the Consumer Credit Act you have the same right to make a claim against the credit card issuer as to the trader.

Report to the Police

If you have been tricked by a trader – report the incident to the Police as well as to Customs. If you report to Customs, the owner of the original product will be notified.