Yes, I agree as well, absolutely. I see the same problem with the two-tier approach, if you will, or trying to say that this type of counterfeiting is harmful and this counterfeiting is not. It's all harmful.
And you're right that it's similar to robbing a bank and saying that if you rob a bank it's a crime, but if you rob a corner store and no one gets hurt, well, that's okay. It's not okay. And counterfeiting, I think, falls in the same category.
So yes, it should be a criminal offence.