A New Framework For Combating Piracy And Counterfeiting


Book Description

Master's Thesis from the year 2004 in the subject Business economics - Business Management, Corporate Governance, grade: 72%, University of the West of England, Bristol (Bristol Business School - MSc International Management), language: English, abstract: This study deals with the growing problem of piracy and counterfeiting successful companies have to face nowadays. The aim of the study is to recommend suitable strategies that victim companies should adopt in reaction to Intellectual Property Rights (IPR) infringement and trademark counterfeiting. In order to formulate appropriate strategies, one must first gain an understanding of the rationale behind counterfeiting for both producers as well as purchasers. It is also imperative to distinguish between different types of counterfeiting as some types certainly have a greater potential for harm. Each category requires a different approach. A look into buyer behaviour is necessary in order for firms to be able to formulate a successful anti-counterfeiting advertising campaign and to target the right audience as well as an investigation into the varying vulnerability to counterfeiting of different product categories. Companies as well as society as a whole are plagued by a phenomenon that is clearly not yet receiving the attention it deserves. Theft is a problem for every employer. It occurs in shops where would-be customers shoplift but it does not stop there. Employees stealing company property is a much bigger problem. This does not merely refer to a company’s own workforce but also everyone at any stage of the supply chain. The trend toward outsourcing certainly has not helped as it is difficult enough to keep an eye on your own workforce without having the additional problem of policing the supply chain. Products can and do go missing due to theft. The phenomenon this study investigates is not conventional theft but rather theft of a different sort: theft of intellectual property and counterfeiting. Piracy and counterfeiting are not theft of finished products but of ideas, inventions, creations and discoveries, which are protected by trademarks, patents and copyrights.




Combating Piracy


Book Description

Fraud and piracy of products and ideas have become common in the early twenty-first century, as opportunities to commit them expand, and technology makes fraud and piracy easy to carry out. In Combating Piracy: Intellectual Property Theft and Fraud, Jay S. Albanese and his contributors provide new analyses of intellectual property theft and how perpetrators innovate and adapt in response to shifting opportunities.The cases described here illustrate the wide-ranging nature of the activity and the spectrum of persons involved in piracy of intellectual property. Intellectual property theft includes stolen copyrights, trademarks, trade secrets, and patents, which represent the creative work of individuals for which others cannot claim credit. The distributors of books, movies, music, and other forms of intellectual property pay for this right, and those who distribute this work without compensation to its creator effectively hijack or "pirate" that property without the owner's or distributor's permission. The problem has grown to the point where most software in many parts of the world is pirated. The World Health Organization estimates that 10 percent of all pharmaceuticals available worldwide are counterfeit.Such widespread fraud illustrates the global reach of the problem and the need for international remedies that include changed attitudes, public education, increasing the likelihood of apprehension, and reducing available opportunities. The contributors show that piracy is a form of fraud, a form of organized crime, a white-collar crime, a criminal activity with causes we can isolate and prevent, and a global problem. This book examines each of these perspectives to determine how they contribute to our understanding of the issues involved.




The Economics of Counterfeit Trade


Book Description

The expansion of world trade has brought with it an explosive growth in counterfeit merchandise. Estimates put the world total for counterfeit products at about one half trillion dollars annually, although it is impossible to accurately determine the true size of the counterfeit market. What is known is that this illicit trade has infected nearly every industry from pharmaceuticals to aircraft parts. Software and music piracy are easy targets widely reported in the media. In 2007, the Business Software Alliance (BSA) estimated that 38% of personal computer software installed worldwide was illegal and the losses to the software industry were $48 billion worldwide. The Recording Industry Association of America (RIAA) reported a 58% increase in the seizures of counterfeit CDs. Overall, a wide range of industries agree that there is a severe problem with the protection of intellectual property rights (IPR) throughout the world, yet there have been virtually no attempts to describe all aspects of the problem. This work aims to give the most complete description of various characteristics of the IPR environment in a global context. We believe a holistic understanding of the problem must include consumer complicity to purchase counterfeit products, tactics of the counterfeiters (pirates) as well as actions (or inaction) by home and host governments, and the role of international organizations and industry alliances. This book establishes the full environmental aspects of piracy, describes successful anti-counterfeiting actions and then prescribes measures IPR owners should take to protect their intellectual property.




The Economic Impact of Counterfeiting and Piracy


Book Description

This study develops and applies a rigorous methodology to estimate the incidence of counterfeit and pirated items in world trade.




Enforcement of Intellectual Property Rights Through Border Measures


Book Description

This book is a practical guide on anti-counterfeiting and anti-piracy measures at the borders of the enlarged European Community. It deals with all aspects of 'border measures' under Regulation (EC) 1383/2003. As well as providing a thorough description of the implementation of the new regime,the publication also fills in the gaps by including areas of national law, thus providing a coherent overview of the application of the current regime of border measures in place within the European Union.The main topics addressed are: (i) the general background behind the phenomena of counterfeiting and piracy in Europe (by Prof. Michael Blakeney); (ii) the international legal framework for border measures (Paris Convention, Berne Convention, TRIPS, WIPO Model Provisions, etc.) (by Prof. DanielGervais), as well as (EC) Regulation 1383/2003, Implementing Regulation 1891/2004 and the case law of the European Court of Justice (by Mr Schneider and Mr Vrins); (iii) the main part of the book is devoted to national reports on the application of border measures in all 25 Member Countries of theEuropean Community; (iv) the last Chapter of the book highlights the similarities and differences in the approaches adopted by the Member States when faced with infringements of intellectual property rights at the borders, and attempts to emphasize how these are relevant to right-holders whendefining their strategies in the fight against such infringements. This manual is the very first English language publication dealing with the practical application of Regulation 1383/2003 in all 25 Member Countries of the European Community.




Trade in Counterfeit and Pirated Goods


Book Description

This study offers unique up-to-date analysis of the impact on global trade of counterfeit and pirated products, known as "fakes" by the general public. Using statistical analysis and drawing on a global dataset covering almost half million customs data on seizures, the study estimates the huge share of international trade commandeered by counterfeit and pirated goods. In 2013, international trade in such products represented up to 2.5% of world trade, or as much as USD 461 billion. This is the equivalent of the GDP of Austria, or the combined GDP of Ireland and the Czech Republic. Above all, it highlights that right holders, governments and the formal economy as a whole suffer from significant economic and social losses. It also gives an idea about the potential financial revenues collected by criminal networks that are behind such trade.^More specifically, counterfeit and pirated products amounted to up to 5 % of imports in 2013 in the European Union, or as much as EUR 85 billion (USD 116 billion). This suggests that the relative impact of counterfeiting is twice as high for a group of developed countries, such as the EU, than it is for the world as a whole. The scope of the phenomenon appears to be greater than a decade ago. Back in 2008, a previous OECD study estimated that counterfeit and pirated goods accounted for up to 1.9 % of world imports, or up to USD 200 billion, relying on the best data and more limited methods available at that time. In the context of today's revival of international trade in the global economy, there is no shortage of opportunities for counterfeiters and criminals. Counterfeit and pirated trade is a major threat to any modern, knowledge-based economy. Counterfeiting and piracy matter in an innovation driven global economy.^Intellectual property (IP) is a key value generator for firms, helping them succeed in competitive markets. At the macroeconomic level, IP protection and enforcement is one of the main drivers of innovation, which contributes to long term economic growth. Given the fundamental economic importance of IP, counterfeiting and piracy must be directly targeted as a threat to sustainable IP-based business models.




Media Piracy in Emerging Economies


Book Description

Media Piracy in Emerging Economies is the first independent, large-scale study of music, film and software piracy in emerging economies, with a focus on Brazil, India, Russia, South Africa, Mexico and Bolivia. Based on three years of work by some thirty five researchers, Media Piracy in Emerging Economies tells two overarching stories: one tracing the explosive growth of piracy as digital technologies became cheap and ubiquitous around the world, and another following the growth of industry lobbies that have reshaped laws and law enforcement around copyright protection. The report argues that these efforts have largely failed, and that the problem of piracy is better conceived as a failure of affordable access to media in legal markets.




Counterfeit Integrated Circuits


Book Description

This timely and exhaustive study offers a much-needed examination of the scope and consequences of the electronic counterfeit trade. The authors describe a variety of shortcomings and vulnerabilities in the electronic component supply chain, which can result in counterfeit integrated circuits (ICs). Not only does this book provide an assessment of the current counterfeiting problems facing both the public and private sectors, it also offers practical, real-world solutions for combatting this substantial threat. · Helps beginners and practitioners in the field by providing a comprehensive background on the counterfeiting problem; · Presents innovative taxonomies for counterfeit types, test methods, and counterfeit defects, which allows for a detailed analysis of counterfeiting and its mitigation; · Provides step-by-step solutions for detecting different types of counterfeit ICs; · Offers pragmatic and practice-oriented, realistic solutions to counterfeit IC detection and avoidance, for industry and government.




Illicit Trade Trends in Trade in Counterfeit and Pirated Goods


Book Description

This study examines the value, scope and trends of trade in counterfeit and pirated goods. First, it presents the overall scale of this trade and discusses which parts of the economy are particularly at risk. Next, it looks at the main economies of origin of fakes in global trade. Finally, it ...




Film Piracy, Organized Crime, and Terrorism


Book Description

A study of the involvement of organized-crime and terrorist groups in product counterfeiting. Case studies of film piracy illustrate the problem of criminal and perhaps terrorist groups using this new high-payoff, low-risk way to fund their activities. Cooperation among law enforcement and governments worldwide is needed to combat intellectual-property theft, which threatens the global information economy, public safety, and national security.