Millions of people flood market stalls all over the world in search of a perfect copy, a perfect copy of ahandbag that they cannot afford. Others flock to web stores and social groups where they hope to find a good quality replica based only on the photos and reviews that they see online. Every time a replica is purchased there is a risk - as a buyer, am I doing something illegal or unethical? Here we are to answer those questions.

An Illegal Buyer?

The first thing is first. As a buyer, you are never illegal. The liability of the act is the seller’s and the seller’s alone. If you decide to buy a replica handbag and then resell it, you could be liable. However, if you are only buying, you are contributing to the market’s demand and supply of replicas. In this scenario, you must ensure that as a buyer, you are purchasing from a seller that is trustworthy and that you are not part of an underground or illegal industry that lurks beyond brands and handbags.

Counterfeit or Replica?

Before we get into the legal and ethical discussion, it is important to distinguish and compare the differences between counterfeit and replica.Counterfeits are objects that pretend to be the real thing with actual copies of a brand's labels or trademark symbols. They are intended to be designed to mimic or copy the original product and be as identical to it as possible so that everyone can be fooled into believing that it the real deal.

Designer handbags are a very popular item to counterfeit with only the best and experienced, savvy buyers able to determine the real from the counterfeit. This is done by examining the stitching, the orientation of the patterns and the quality of the leather of metals used to finish the bag.

A replica, on the other hand, does not pretend to be another brand and even though it looks the same and is also well-made, the original manufacturer's marks or exact design are only used for inspiration and resemblance purposes. Electronics are a great example of replicas. There are so many phones and tablets out there that are designed with Apple and Samsung in mind, however, brand recognition and reliability are not there.

Liability

When comparing the two, replicas are just an imitation. They are an imitation that upsets big brands seeing as the replica has copied everything except the brand patterns and finishing, but in this case, the replica manufacturer is completely compliant. If you buy a replica bag and decide to resell it, you are able to do so without breaking any laws.

Designs are not protected by copyright law, although designers continue to lobby Congress to change this. Since it is not illegal to copy the overall design of a handbag if you purchased a bag that is merely shaped like the famed Hermes Birkin bag you are not necessarily carrying an illegal fake. It may simply be a clever knockoff. However, if you are carrying a bag with a Louis VuittonLV logo or ifHermes is engraved on the zipper, and you paid much less than the market price, it is most likely counterfeit.

Counterfeits play a very different role. Huge amounts of money have been invested by different big brands to try and stop counterfeits from reaching the market or from taking market share illegally. Most of the time, the big brands do not get their money back, but the seller is taken into legal action. In addition to brands, the buyer is a victim.

Some counterfeits look so similar and are priced closely to the original that it is hard for a buyer to see that it is a fake. They are also left with the product because reselling a counterfeit is illegal. Buyers need to buy products with caution and ask an expert for advice in case.

Online Protection

It is forbidden to sell replicas, counterfeits, knockoffs and unauthorized copies on eBay, Amazon, and Alibaba. According to eBay, selling items in these categories can infringe on someone’s copyright or trademark, which is against the law and against eBay policy.

Amazon’s anti-counterfeiting policy declares that products sold on Amazon must be authentic. Failure to follow by their policies could end in loss of selling privileges, withheld funds, and destruction of inventory.

Alibaba is another platform that has a clear anti-counterfeiting policy, stating that counterfeits, non-licensed replicas, or unauthorized items are strictly prohibited on the site. Such products are removed at once, and repeated posting of these items will end in membership suspension.