As happened a decade ago with the equivalence perfumes, those that were presented through a number that corresponded to a high -end fragrance, the dupes are today the new battlefield of perfumery and cosmetics brands. The term comes from the English word duplicate (duplicate), and refers to beauty articles of white brands that some media and content creators associate with others of recognized firms, viralizing the comparison on the Internet. For example, in Tiktok or Instagram there are videos with thousands of “likes” and recirculations that equate some cosmetics or creams of Mercadona with those of other representative companies of the sector, such as Lauder or ISDIN. Although duplicates usually present themselves as an intelligent purchase, to the extent that they are cheaper than the items in which the users say they are inspired by Brands, warns Jorge López Sánchez-Prieto, Legal Director of the National Association of Perfumery and Cosmetics (Stanpa). And this is because they are “parasitarily” of the research, commercial and reputational effort made by the creator of the original product. Another issue is whether the quality between both articles is the same. According to a Crane Authentication report, a company that works for firms monitoring imitations, duplicates «may not match the genuine product, since it is less likely to be manufactured with premium and sustainable materials.» As everything that shines is not gold, to identify when beauty products promise more than they can meet, you have to go to labeling. Although it is not mandatory for manufacturers to indicate «the exact percentages» of hyaluronic acid or retinol that, for example, contain their creams, must order their concentration «higher to minor», unless it is less than 1%. In that case, the components may appear messy, explains López Sánchez-Prieto. Moreover, according to Rosalía Salvia, Director of Intellectual Property of the Isdin Dermatological Company, a product may look “superficially” to another and not have the same effectiveness. «One of the great myths that has spread is that if they carry the same ingredients they are the same. This is deeply inaccurate. The quality depends on the complete formulation, the concentrations, the stability of the assets, the galenic form, the liberation technology and, above all, the studies,» he argues. Baylos buffet. While the former are «an illegal copy», to the extent that «they seem like a product manufactured by the legitimate holder», the duplicates «are articles that imitate some or all the characteristics of another that already exists.» Thus, in the case of the Dupes, the consumer is not confused between the products, but in the falsification it can buy knowing that it is an illegal copy or make it deceived.
Casuistry
So are the dupes legal? There is no unique answer, as it will depend on the singularities of the product and the way it competes in the market. To have an infraction, explains the lawyer, the duplicate «must copy characteristics of the original product that are protected by intellectual or industrial property rights», such as the brand or design, or must incur an act of unfair competition. This will happen if “unduly of the reputation of others” is used, “it generates a risk of association or confusion with the original product” or “systematically mimics the characteristics of this unprotected, but which are key to commercial success”. Although the jurisprudence over the dupes does not abound for being a recent phenomenon, the courts have pronounced on the previous budgets on different occasions, protecting signatures as Carolina Herrera, Hugo Boss or Paco Rabanne against equivalence fragrances. In general, they have failed that perfumes cannot be presented such as «replicas of other protected», putting a pre -proliferation of businesses based on the imitation of perfumes. In the event that any of the duplicates were declared illegal, both the media and the creators of content carried out by the association could also respond to the headlines, the Baylos director warns. And this is «illegal» referring to a foreign brand «to inform about the equivalence, similarity or identity» with another product, adds the legal director of Stanpa. Precisely, in relation to the contents that assimilate some articles of Mercadona with those of other brands, the company is resounding: «Any association that can be done is something that we are not in absolute.» According to company sources, they develop their products following “an own innovation model” to respond to the needs of its customers. Currently, Spain is one of the countries of the European Union most affected by falsifications. In the cosmetic sector, losses of 398 million euros and the destruction of more than 3,600 jobs per year, according to the Intellectual Property Office of the European Union. As the ISDIN directive points out, «defending innovation is not just to protect a brand; it is to defend an industry model based on quality, research and commitment to people's health.»
Buyers radiography
The most representative dupe consumer group is formed by the Z and Millennial generation, says Gerard Guiu, director of the Association for the Defense of the Brand (Andema). He says that «they value aesthetics and price, and are more influenced by content creators.» In a similar sense, Ilaria Gironi, regional director of Crane Authentication, a company that, after an internal study, has detected that «one in three consumers has bought imitations of cosmetics» is pronounced. Guiu insists that they are «a form of commercial parasitism» and advocates «by a clearer regulation.
