A video released on Youtube showing Maltese customs workers smashing counterfeit Samsung mobile phones with a hammer, yet this begs the question... how many counterfeit mobile phones are currently in use around the island?

As from 1 January, 2014 to date, 23 counterfeit mobile phones bearing various registered trademarks have been destroyed under by the customs department, a customs department representative told the Malta Independent.

"Several other cases involving counterfeit mobile phones detected this year are awaiting destruction under the same procedure".

"I wish to clarify that this video clip was recorded without knowledge or permission of the customs officials present. In all such cases, for the sake of transparency, we invite the importer to be present for the destruction of the counterfeit/pirated goods if he/she so wishes," the Department said.

When the customs department, during the course of checks, suspects that an item may be infringing an intellectual property right, the release of the goods is suspended and the respective right-holder or its representative is notified of the detected items, he explained.

"Detailed digital images are provided to the right-holder together with the official notification and if so required, samples of the goods themselves are handed over for verification. It is only the right-holder who has the expertise to assess the item's authenticity. There are liabilities for the right-holder entrenched in legislation, should the assessment be maliciously erroneous. Right-holders sign a declaration of liability when submitting the Application for Action by customs as prescribed in EU regulation".

The Customs Department explained that in the phones in the video, the representative for the right-holder 'Samsung Electronics Co. Ltd.' confirmed that the mobile phones in question were counterfeit, thus infringing the rights of 'Samsung Electronics Co. Ltd'."As the clip title indicates they are imitation phones,thus counterfeit in terms of the law".