Counterfeit interest: how counterfeit games and toys are fought on marketplaces
In early September, Russian publishers of board games appealed to the Ministry of Industry and Trade with a call to improve the system of combating counterfeiting, including on marketplaces. Up to 30 counterfeit cards per card from the manufacturer, the entrepreneurs emphasized and sent an open letter to the Ministry. But they are not the only ones sounding the alarm. Counterfeit toys for children also appear on trading floors in huge quantities, which is noticed in the industry of children's goods. How the issue is solved and what consumers should do, Izvestia talked to experts.
How many counterfeit board games are on marketplaces
The market of board games in the country is steadily growing, although at different rates. In six years, it has quadrupled, and in 2023, Russians spent more than 26 billion rubles on this type of entertainment. If earlier domestic publishers mainly made remakes of popular foreign projects, then in the last decade the industry has seen hundreds of original board games.
Remakes continue to come out, but in good faith: publishers buy licenses, adapt the games to the Russian-speaking audience, and sometimes completely rework graphics, characters, plot twists and other components, keeping the basic mechanics. Games are released for both adults and children.
The most common sales channel for board games is marketplaces. Now, large online marketplaces account for 40 to 70% of all sales in the industry. However, as the official market has grown, so has the shadow market. Counterfeit board games, i.e. fakes of well-known brands, occupy almost a tenth of the market - their annual sales exceed 2 billion rubles, Russian publishers told Izvestia.
According to them, counterfeits are usually made in China, and they can enter Russia through Kazakhstan.
- Games are produced from cheap materials, unofficially imported into Russia and put up on marketplaces, presenting copies of certificates of conformity for the original goods. Many do not hesitate to write in response to buyers' questions that it is a "replica of good quality", - explains the commercial director of the publishing house GaGa Games Alexander Korovnik. This "Izvestia" earlier reported and the creators of "Imaginarium" - the company Cosmodrome Games.
Counterfeit offers on marketplaces appear not one by one, but dozens at once, Svetlana Silaeva, development director of board games distributor Independent Games, told Izvestia.
- For example, the publishing house "Economikus" since the appearance of the counterfeit game "Bunker" in mid-May this year revealed on online platforms more than 440 cards with counterfeit. For comparison, there are only four dozen cards with the original "Bunker" on marketplaces," she noted.
Silaeva emphasized that because of counterfeits, confidence in the industry is declining and buyers, not wanting to understand the reasons for low-quality goods, leave and look for alternatives.
- For example, in the counterfeit of the popular game for children "Plague Quest" by doJoy publishing house, half of the alphabet is simply missing. After such a bad experience, parents will probably choose the next gift not in the category of board games," she explained.
Counterfeits are popular mainly because of their cheapness, said Olga Yakimuk, owner and general director of the Ekivoki publishing house, in a conversation with Izvestia. According to her, buyers of board games, as a rule, know in advance what they need and come to the marketplace with a ready request.
- And then a person sees in the output a lot of cards of the same game, the photos are the same, but the prices differ by one and a half or two times. We are all used to huge discounts on marketplaces, and the difference in prices does not alarm us, the buyer takes what is cheaper, - she commented.
The situation is complicated by the fact that even if a marketplace comes to the rescue and blocks a counterfeit card, it can take a long time - several weeks or months. And fakes, often of poor quality, continue to be sold.
- Finally, we know nothing about how safe these products are: what kind of ink is there, what kind of content. And who we can turn to in case of problems," Yakimuk notes.
How counterfeit toys for children end up on marketplaces
Counterfeit products on marketplaces is a problem not only for the segment of board games, but also for the market of games and toys in general. Although children's goods are subject to stricter requirements, this does not always prevent counterfeits from appearing on marketplaces.
The Russian market of games and toys is also actively developing. Last year its volume amounted to 220.7 billion rubles, which is 9.6% more than the year before. Key categories include constructors, dolls, figures and accessories, strollers, toy transportation, board games and toys for creativity and experimentation.
At the same time counterfeit occupies one third (34%) of the entire children's market, the Association of Children's Goods Industry Enterprises (AIDT) told Izvestia. In the segment of toys are counterfeited mainly world brands Lego and Barbie, as well as domestic brands: "Cheburashka", "Umka", "Tri Kota" and "Smeshariki".
As in the case of board games, the main counterfeit factory in the children's toy market is China. However, domestic manufacturers are also joining the Chinese ones, and there are especially many of them in the segment of printing products, Antonina Tsitsulina, president of AIDT, explained to Izvestia. According to her, marketplaces are "frankly bad" at controlling this problem.
- I must say that marketplaces promptly respond to our appeals. But technologically the system is organized in such a way that the cards blocked in the evening are re-launched in the morning. And this process is endless. We need control not of cards, but of entrepreneurs. And not on the part of trade, but law enforcement agencies," she emphasized.
Albert Fedotov, the founder of BertToys, a brand of interactive and educational toys, noted in a conversation with Izvestia that the problem of counterfeiting is relevant not only for large manufacturers, but also for smaller ones. According to him, often novice sellers on marketplaces in search of ideas watch open analytics of trading platforms and look for toys with good sales. When they find them, they either buy ready-made counterfeit products or order something similar from manufacturers.
- This is maximally profitable for dishonest sellers: the cost of production is low, the goods are transported "in the gray", fake certificates. The final price of the toy in the end is also very attractive, and the buyer is happy that he was able to save money. But the quality and safety of such products is under huge question," he explained.
Fedotov emphasized that "a good and safe toy cannot be very cheap," especially if it is a technically complex product.
- Reliable and durable materials, high organoleptic and hygienic parameters, durability tests, obtaining all the necessary certificates and documents - all this directly affects the price of the toy, - he said.
How marketplaces are responsible for counterfeiting
The responsibility of marketplaces for the sale of counterfeit goods depends on their legal status. A marketplace, for example, can act as an information intermediary: in this case, it is not responsible for violations committed by the seller, told "Izvestia" lawyer of KAMO "Linnikov and Partners", senior lecturer of the Law Department of the Financial University under the Government of the Russian Federation Alexei Sereda. This is how, for example, Yandex Market works, which is specified in its legal documents.
- If a marketplace interacts with a seller under the model of an agency agreement, receiving a percentage of the sale of goods, it is not recognized as an information intermediary and will be liable for violations committed jointly and severally with the seller of goods," the lawyer noted.
This model is used, for example, Wildberries and Ozon, they stipulate it in their contracts.
As a general rule , the responsibility to the consumer for goods of improper quality is borne by the seller, but the marketplace can be held liable if there are other agreements between it and the seller or if the trading platform has changed the information in the card, because of which it became incomplete or unreliable, explained "Izvestia" lawyer ROCA "Counselor" Victoria Klushina.
- Counterfeiting can be reported through the communication channels specified on the sites of marketplaces. They can take action according to their rules, for example, blocking the company's card until the circumstances are clarified. If ignored, you can appeal to Rospotrebnadzor, pointing out consumer fraud," said the lawyer.
Alexei Sereda added that in practice there is often a situation when marketplaces, taking advantage of the status of an infomediary, refuse to return counterfeit goods to the buyer. He explained this by the fact that the law "On Protection of Consumer Rights" does not directly mention counterfeit goods as a basis for return. Nevertheless, even if the purchase is OK in terms of quality, it can be legally refused within seven days.
- If the fact of purchase of counterfeit goods was established after the expiration of this period, the buyer should claim the sale of goods of improper quality, the return of which is possible within its warranty period or shelf life, and if it is not established, then within two years from the date of purchase of the goods, - he explained.
In addition, the lawyer added, if a counterfeit toy caused harm to the child's health and it was necessary to consult doctors, this is a reason to send a claim to the marketplace and the seller, and then go to court.
According to Antonina Tsitsulina, the children's goods industry, in particular AIDT, is actively working with legislators and has been proposing for more than five years to introduce the responsibility of aggregators, marketplaces and online stores in the field of technical regulation and consumer protection in relation to products for children.
- We expect the phased introduction of regulation of all sales channels, including marketplaces. For example, to exclude the sale of absolutely all children's goods in markets without a cash register. Cancel simplified certification, which was introduced to simplify the import of products. To return control over the market of products, the use of which can be harmful to the health of the child, - she said.
Now children's toys are labeled by way of experiment, Oleg Matyunin, managing partner of the Moscow law firm Matyunins and Partners, told Izvestia. We are talking about dolls, puzzles, board games, scooters for children up to 14 years old. From March 1, 2025 it is planned to introduce the requirement to register participants in the turnover of certain types of goods for children in the state information system "Honest Mark" and make labeling mandatory.
- If we rely on the already existing labeling rules developed for other goods, we can see that marketplaces are also recognized as participants in the turnover. Consequently, prerequisites are created for bringing to responsibility for non-compliance with the requirements for mandatory labeling of goods not only sellers themselves, but also marketplaces, - explained Matyunin.
The Ministry of Industry and Trade has already prepared a draft decree of the Government of the Russian Federation on the approval of the rules of mandatory labeling of children's toys. The document is now undergoing regulatory procedures, the ministry told Izvestia.
"In turn, at the next meeting of the state commission within the framework of the issue "On measures to counteract the illicit turnover of goods in the implementation of remote trade on marketplaces" scheduled for consideration, it is planned to discuss priority measures to suppress trade in goods with violations of mandatory requirements on marketplaces. Including issues on preventing sales of children's board games on marketplaces," the ministry said in response to the publication's inquiry.
How marketplaces themselves fight against counterfeits
Representatives of marketplaces, in turn, note that trading platforms strive to maximize control over the quality and safety of goods and prevent the appearance of counterfeits. The companies require a package of documents from sellers: certificates of conformity, trademark certificates, license agreements, safety passports, and others.
There are other tools as well. For example, Wildberries is actively participating in the experiment with Rosakkreditatsiya, told "Izvestia" in the press service of the marketplace. According to the trading platform, more than 12 million of its goods have been verified by the agency: in the cards appeared links to certificates or declarations of conformity, confirming their safety.
In addition, to combat counterfeiting Wildberries has introduced the icon "original", which can be seen including in the catalog and search. It appears if the seller has confirmed the right to sell goods and provided the necessary documents.
- Soon a special filter with goods whose authenticity has been confirmed will be added to make it more convenient for users to make purchases," the company said.
The Digital Arbitrage service is also available on the marketplace. It allows brand owners to contact sellers directly and check the documents for the goods. If the seller cannot provide them, the marketplace hides the goods from the online storefront.
- We also recommend buyers to pay attention to the rating of the seller, goods and carefully study the reviews of other buyers - this will help to make sure of the quality with the help of first-hand information, - added in the press service of the marketplace.
Representatives of Ozon also emphasize that the sale of counterfeits is prohibited on the site. The company checks cards both manually and with the help of machine learning models, uses neural networks and studies customer feedback. The buyer can also request documents from the seller before buying by contacting the marketplace support.
- Moreover, we request documents in advance for goods of a number of sensitive categories, including food for children under three years old, child restraints, vitamins and others, - said in the press service of Ozon.
In addition, the company studies the demand of customers and forms a dynamic list of especially important brands - for them the requested documents are checked additionally.
- We also respond promptly to complaints from users and right holders - we immediately request documents for the goods from the seller. If he fails to provide them within three days, the product card will be hidden from the marketplace and will not be available until the end of the proceedings, - explained the representatives of the trading platform.
"Izvestia" also sent a request to "Yandex Market", but did not receive a prompt response.
So far, the efforts of marketplaces and regulators to combat counterfeiting are not enough. And it is not a matter of lack of desire: the very principle of sales on online marketplaces contributes to the growth of counterfeits. Freedom and convenience have a downside. It remains to be seen whether mandatory labeling of children's goods will help, but Russia already has such experience with other types of products. And it is quite successful.
