Athens Journal of Law X Y 1 Copyright and Trademark Offences Which Might Infringe the Consumer’s Rights By Imed Eddine Bekhouche The objective, through this paper is to highlight the breach of consumer’s rights by infringements of copyright and trademark rights, for that the armchair library approach employed. The obtained results have shown that infringements of copyright and trademark rights could breach the consumer’s rights in four ways; social costs, environment, health and safety, misleading the consumer. Keywords: Copyright; Trademark; Infringement; Consumer Rights. Introduction The term "counterfeiting" is commonly used to refer to a wide range of intel- lectual property rights violations, including trademark and copyright infringement. Technically, "counterfeiting" refers only to cases of trademark infringement, while “pirating” refers to copyright infringement. Different types of IP rights violations are overlap. For example, music piracy infringes copyright and trademark protection. Fake toys sold under a different name, but they violate the design protection of toys. According to the World Trade Organization Agreement on Trade-related Aspects of Intellectual Property Rights (“the TRIPs Agreement”), counterfeiting and piracy are defined as follows; (a) counterfeit trademark goods shall mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation; (b) pirated copyright goods shall mean any goods which are copies made without the consent of the right holder or person duly authorised by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country of importation. 1 Background of the Study Today, counterfeiting industry has become a complex global business, which included the production and sale of counterfeit versions of a wide range of School of Law, UUM College of Law, Governance, and International Studies (COLGIS), University Utara Malaysia, 06010 Sintok, Kedah, Malaysia. Email: imed.bekhouche@gmail.com. 1 House of Commons (2007).