From Seizure to Sustainability
Rethinking Counterfeit Destruction Practices
What happens after counterfeit goods are seized? Brands and authorities are rethinking the destruction of counterfeit goods, balancing enforcement, risk, and sustainability, as greener disposal practices reshape global anticounterfeiting efforts. Maura O’Malley reports.
Considerable time and expense are put into monitoring for counterfeits both online and in the physical world—working with law enforcement and border agencies to conduct raids and seize the offending items. But what happens next? The confiscated counterfeit items must be destroyed, but how?
A small but growing number of brands are moving away from incineration or landfill toward greener methods as environmental and social responsibility become central to trademark strategy, regulation, and consumer trust.
The challenges of adopting greener methods will be explored during the session From Seizure to Sustainability: Rethinking Counterfeit Destruction Practices on Tuesday, May 5, from 2:30 pm to 3:30 pm.
According to session moderator, Daniel Reis Nobre, Managing Partner at Inventa (Angola), what makes counterfeit destruction particularly complex is that it sits at the intersection of enforcement, sustainability, and reputation.
“While most anticounterfeiting actions focus on stopping illegal trade, counterfeit destruction shifts the challenge toward managing environmental impact and ensuring that enforcement outcomes do not create additional risks or liabilities,” he says.
Joining Mr. Reis Nobre will be Lieutenant Raquel Herrero López of the Guardia Civil (Spain), Debora Zeno, IP and Brand Protection Associate Manager at Bulgari (Italy), and Zachary Toczyński, Senior Director, Global Brand Protection, Levi Strauss & Co. (USA).
Ms. López specializes in industrial property crimes and the fight against counterfeiting in the Spanish police force. She says that the destruction of counterfeits is “particularly problematic because, unlike digital takedowns or preventive measures, it creates a massive physical burden involving high storage costs, complex logistics, and a severe environmental impact from often toxic waste.”
"While most anticounterfeiting actions focus on stopping illegal trade, counterfeit destruction shifts the challenge toward managing environmental impact and ensuring that enforcement outcomes do not create additional risks or liabilities."
- Daniel Reis Nobre | Inventa (Angola)
Sustainable Methods
Some sustainable methods to destroy seized counterfeits include recycling, dismantling, or material recovery under secure conditions.
Mr. Toczyński says that a few pilot initiatives around the world have explored material recovery, recycling, or repurposing of seized counterfeit goods, “but these efforts remain limited and fragmented. The primary barriers are legal uncertainty, lack of standardized procedures, and limited infrastructure for safely handling seized products. In many jurisdictions, destruction remains the default approach under law or enforcement practice.”
Mr. Nobre adds: “What works in practice are solutions that combine irreversible transformation with traceability. This includes certified recycling streams, controlled dismantling, and partnerships with vetted operators who can guarantee both material recovery and compliance."
“In all cases, what makes these approaches viable is that the products are physically altered beyond recognition and handled through certified channels, ensuring they cannot be reintroduced into the market while still enabling material recovery,” he continues.
It is also worth noting that sustainable destruction is easier in some industries and harder in others. Ms. López elaborates: “Sustainability is far more viable in the textile and fashion sectors, where garments can be shredded to create new fibers or industrial rags, whereas in electronics it is possible to recover valuable metals through specialized Waste Electrical and Electronic Equipment (WEEE) treatment processes."
“Conversely, in categories such as cosmetics, perfumes, or chemicals, sustainable options are limited due to the hazardous nature of their components, almost always requiring controlled incineration to prevent health and environmental risks,” she explains.
Ms. López says that before executing a seizure, the rights holder should ask about available storage capacity and specific evidentiary requirements to avoid overwhelming the system.
After the goods are seized, Ms. López notes that it “is crucial to inquire about the possibility of applying simplified procedures and whether there are authorized recycling facilities that can issue final destruction certificates. These questions ensure the process remains efficient, transparent, and compliant with environmental regulations from the moment of confiscation.”
"The primary barriers are legal uncertainty, lack of standardized procedures, and limited infrastructure for safely handling seized products."
- Zachary Toczyński | Levi Strauss & Co. (USA)
Collaboration is Key
The importance of public-private collaboration was at the heart of driving change.
Mr. Nobre says brand owners should collaborate with authorities and recycling partners to help design repeatable processes, share best practices across markets, and support solutions that can be implemented consistently rather than case by case.
Mr. Toczyński agrees, pointing out that meaningful change will ultimately require public-private collaboration and regulatory clarity: “Brands alone cannot redefine destruction frameworks; governments and enforcement stakeholders must be part of developing solutions that balance environmental considerations with the need to ensure that counterfeit goods do not re-enter the market.”
Ms. López adds: “To assist, brand owners should facilitate ‘simplified destruction’ procedures that avoid unnecessary litigation while providing technical training and rapid authentication guides that allow officers to act with legal certainty, thereby reducing the saturation of evidence storage facilities.”
Mr. Nobre hopes the session will encourage a shift in mindset. “Destruction should no longer be seen as the end of the enforcement journey, but as a point of transformation.”
He concludes: “With the right mindset and collaboration, it is possible to turn a traditionally linear, waste-heavy process into one that is more transparent, efficient, and aligned with broader sustainability goals.”
"Sustainability is far more viable in the textile and fashion sectors, where garments can be shredded to create new fibers or industrial rags."
- Raquel Herrero López | Guardia Civil (Spain)
