Malay for counterfeit, artificial, fake - Tiruan

Background
Malaysia has a counterfeit market value of $378 million, with software dominating $289 million of that market value. (source: Havocscope Global Market Indexes). In 2007, the Malaysian software industry lost $311 million to pirated software sales (source: 2007 Global Software Piracy Study). The range of counterfeit products available includes all the usual suspects such as music, movies, luxury brands and, more recently, pharmaceuticals but also everyday items such as batteries, engine oil, toothpaste and consumables.

Many of the fake items found in Malaysia have been very sophisticatedly produced and, for example in the case of electrical items and telecommunications equipment, sometimes even come with (fake!) warranty cards. Time and effort is being invested in this mass deception because, ultimately, it brings a financial pay-off for the counterfeiters and distributors of counterfeit goods.

Malaysians are also having their health and well-being jeopardized through counterfeit consumables such as canned food and liquor. Brand-name alcohol sold at local pubs and venues was subsequently found to consist of mineral water (not so bad), caramel and sub-quality liquor (best avoided!). A 2007 raid in Kuala Lumpur uncovered 1,000 bottles of adulterated liquor with a total value of RM50,000

Back in 2003, Abdullah Nawawi, Director General of Enforcement at the Ministry for Trade and Consumer Affairs, commented “Counterfeit products are available widely and involve many consumer items - garments, electrical items, pharmaceuticals, shoes, bags, leather goods, branded watches, cigarettes, and detergents… It's difficult to quantify how widespread the market for imitation goods is”. (click here to read this article). The general feeling is that, since 2003, the problem has only escalated and is infiltrating and tainting the lives and prospects of the Malaysian people.

2007 was the Malaysian Tourist Board’s “Visit Malaysia” year and there is acute awareness that Malaysia’s reputation could be sullied through the illicit activities of counterfeiters; as a tourist it is relatively easy to avoid buying fake handbags and sunglasses but another matter when it comes to consumables and pharmaceuticals. In addition to the public safety risks, there is also a fear that the commercial trade sector could be affected, as well as the potential for foreign investment.

Persistent raids on the behalf of the Ministry for Trade and Consumer Affairs enforcement division have reaped results and uncovered counterfeit rings, but have also opened a “can of worms”. Microsoft and the Business Software Alliance (BSA) have also instigated crackdowns and raids by the authorities to discourage software counterfeiters.

In his article Counterfeit Goods in Daily Malaysian Lives, IP specialist Patrik Mirandah suggests that these officials “lack expertise in identifying and distinguishing the fake from the original” and goes on to promote the concept that intellectual property owners in Malaysia need to get more closely involved and work together with the Ministry to fight the counterfeiters and bring them to justice.

However, on a local level, the current awareness programmes and efforts to educate the public are having a trickle-down effect and the issue of counterfeiting will be emphasised by government initiatives such as the recently launched Malaysian IP Day. For tourists and locals alike, ultimately the only way to prevent the spread of counterfeit trade in Malaysia is to be aware of the risks and what to look out for.

Legislation
As far as concerns the issue of IP law, amongst the measures taken to protect registered trademarks, the Trademarks Act of 1976 has been amended to contain provisions for border measures prohibiting counterfeit trademark goods from being imported into the country. Click here to read more about how IP rights are being enforced in Malaysia. So how does this affect tourists? In his key note address at the third Global Congress on Combating Counterfeiting and Piracy in 2007, the Malaysian Minister of Domestic Trade and Consumer Affairs noted that “a significant proportion of those purchasing counterfeit and pirated goods were not Malaysians but tourists!” Basically the government realises the importance of preventing tourists from purchasing and exporting pirated and counterfeit goods. To this end, a special export unit was established in 2005, with officers stationed at exit points to prevent attempts to export illegal products. High-tech scanners machines have also been placed at the major airports in the country. Random and ‘tip off’ checks are also being carried out.

In September 2008 the Malaysian Government proposed a new bill to combat pharmaceutical counterfeiters, urging the establishment of stiffer penalties, including heavier fines and mandatory jail sentences. The bill came out of roundtable discussions held under the auspices of the Special Taskforce to Combat Counterfeit Products, a unit established this year and overseen by the Ministry of Domestic Trade and Consumer Affairs, and the Pharmaceutical Association of Malaysia. Click here to read an article relating to this bill.

Finally, be aware that bringing fake goods into neighbouring Singapore can result in stiff fines at customs. Singapore takes intellectual property crime very seriously, and being in possession of fake software, music or video disks, for example, even for personal use is no longer acceptable.

Products to look out for
Software
The counterfeit software trade in Malaysia, and especially Kuala Lumpur, is thriving so much that it is practically considered the norm and to such an extent that it is harder to get hold of genuine software than counterfeit! Crackdowns and raids have mainly proved ineffective as deterrents and counterfeit software is brazenly sold in shopping malls and plazas. Best advice is don’t buy software in Malaysia because chances are it will be fake and, apart from being illegal, it could potentially introduce viruses and worms into your computer system.

Luxury and fashion goods
Every single brand-name under the sun has been counterfeited and is available in Malaysia, sold at night markets, day markets and shopping malls. The counterfeits range from poor imitations to quite good copies retailing at higher prices. When it comes to, for example, sunglasses the quality can be very poor; the logo is often smudged and the workmanship shoddy but, from a distance, yes it does look like you are sporting Chanel or Prada. Sellers tend to quote higher prices first off, e.g. 250 Ringgit for a pair of Chanel sunglasses, in a bid to convince you that you are buying something of some quality. The bottom line is you aren’t, plus they are potentially damaging your eyes as they almost definitely are just made of coloured plastic – not ideal for a country bathed in tropical sunshine. Fake handbags, shoes or jeans aren’t going to damage your eyesight but they won’t wear well (pun intended!) and you are better off spending your money on genuine purchases such as local batiks or handicrafts, or indulging in a nice and relaxing massage (something that is very affordable here in comparison to western prices). If its luxury you are after, remember that something like a night in a 5-star resort is significantly more affordable here than in Europe, for example.

CDs and DVDs
In 2007 sniffer dogs Lucky and Flo uncovered more than one million counterfeit discs worth more than $3 million, hidden in boxes at a shopping centre (click here to read more about this). It suffices to say that the counterfeit CD and DVD market is massive and similar in scale to the counterfeit software market. Buy from a reputable outlet (e.g. Best or Tower Records) and make sure that the product is sealed and bears a hologram. A standard CD costs around 45 Ringgit, which is cheaper than prices in the West, so you still make a saving when buying the genuine product in Malaysia.

Books
Pirating of books is a big problem in Malaysia and South East Asia as a whole. Best-sellers like the Harry Potter books to Lonely Planet travel guides are readily available. The fakes are marginally but not massively cheaper, the paper is thinner, pictures are blurry and the binding is poor and one page of course is missing: the copyright page.

Pharmaceuticals
Counterfeiting of drugs is a significant issue in Malaysia and is being taken very seriously be the Malaysian Ministry of Health. Steps to combat the problem have included the introduction of the Meditag system in 2005, increased consumer awareness, tightening of legal provisions and stepping up of market surveillance. The prevalence of counterfeit drugs in the market has greatly reduced but the problem still persists. Things to look out for are: over-the-counter drugs such as Panadol pills and Eye-Mo drops, both of which have been counterfeited in the past. A 1997 survey on cough and cold medication carried out in Malaysia found that 5% of such medicines in the market were counterfeits. In a 2007 New Straits Times article, Pfizer Malaysia Corporate Affairs Director claimed that there were counterfeit versions available of many of their drugs, including Viagra, Diflucan and the anti-depressant Zoloft (click here to read the rest of this article. Make sure you buy your drugs from a reputable pharmacy, request for products in their original packaging, read and carefully scrutinize the label, ensure that the drug is registered with the Ministry of Health and carries the MAL registration with the Meditag hologram decoders.

Credit card fraud
Credit card fraud, especially “skimming” (when your card is secretly copied sometimes by the line being tapped when you are making your transaction) is rampant in this part of the world. Never let your credit card out of your sight when paying with it, keep all records of transactions you make at ATMs (cash points) and, most importantly, make sure beforehand that your card is covered by your travel insurance. Sometimes it becomes apparent months later that your card has been copied, so also be on the look out for strange transactions on your statement after you have returned from your trip.

Shopping in Kuala Lumpur
It is not difficult to find out where the counterfeits are available, if it is the genuine article you are after then read on.

Kuala Lumpur is Malaysia's economic hub and, besides Singapore, is Southeast Asia’s major shopping destination. If you are in KL in October or November you might be lucky enough to make it to the Shopping Carnival, an annual sale held across the city, and you could be in for some excellent bargains. At other times the city has a wonderful range of shopping experiences on offer to tourists. You’ll find a large variety of cultural souvenirs such as traditional fabrics, wood carvings and pottery available at both shopping malls and night markets (though you will probably get a better deal at the latter). A fantastic array of branded fashion goods, perfume and electronics are available in the shopping malls, such as the Sura KLCC shopping mall which is nestled between the Petronas Twin Towers – go here and you can combine a tourist experience with a shopping experience. Before your shopping trip starts you can go on a free guided tour to the top of the towers, but get there early because it is on a first-come-first-serve basis. For a full list of shopping malls in KL, follow this link.

Chinatown (Petaling Street)
Fantastic food, great deals and a buzzing atmosphere. Kuala Lumpur’s China Town is not to be missed, even if you aren’t interested in buying, it’s an experience not to be missed.

For an overview of KL shopping areas including China Town, click here.