Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy


Book Description

Called the business crime wave of the 21st century, trademark counterfeiting and product piracy are worldwide in scope and cost the U.S. economy billions of dollars every year. High technology and the globalization of business have made it possible to counterfeit and pirate a seemingly limitless number of products, from t-shirts, designer jeans, films and books to auto and airplane parts, and prescription drugs. The 1995-1996 trade dispute between the U.S. and China shows how serious the problem has become for American business and for U.S. diplomatic relations. Paradise explores the history of counterfeiting and piracy, shows how they are done, and the strategies that U.S. businesses are using to combat them. With interviews, commentary, and anecdotes by corporate attorneys, business leaders, and private investigators, this well-written book is essential for anyone interested in the damage that violations of intellectual property law are inflicting on world trade and what is being done to stop it. Called the business crime wave of the 21st century, trademark counterfeiting and product piracy are worldwide in scope and cost the U.S. economy billions of dollars every year. High technology and the globalization of business have made it possible to counterfeit and pirate a seemingly limitless number of products, from t-shirts, designer jeans, films and books to auto and airplane parts, and prescription drugs. The 1995-1996 trade dispute between the U.S. and China shows how serious the problem has become for American business and for U.S. diplomatic relations. Paradise explores the history of counterfeiting and piracy, shows how they are done, and the strategies that U.S. businesses are using to combat them. With interviews, commentary, and anecdotes by corporate attorneys, business leaders, and private investigators, this well-written book is essential for anyone interested in the damage that violations of intellectual property law are inflicting on world trade and what is being done to stop it. Paradise lays out the problem in Chapter 1 with a clear explanation of the differences between trademarks, copyrights, and patents, and the laws covering each. In Chapter 2 he looks at the role played by organized crime, gray market goods, the lack of intellectual property laws, and ultimately the threat to U.S. business. He discusses the recent investigations and disputes with China, and its aftermath throughout Southeast Asia. Chapter 4 focuses on the knockoff, chapter 5 on street peddlers and flea markets (and how merchants are retaliating), and chapter 6 on the tracking of counterfeiters. The entertainment industries and the pharmaceutical industries are then closely examined. He follows with equally comprehensive (and chilling) studies of automobile and aircraft parts counterfeiting and piracy in cyberspace. Paradise ends with a look at what is being done to counteract the inroads that piracy and counterfeiting have made into the global economy, and offers a provocative call for more and better efforts in the future.







Criminal Enforcement of Intellectual Property


Book Description

19. Counterfeiting and the music industry: towards a criminalization of end users? The French 'HADOPI' exampleIndex.




Fake Stuff


Book Description

"The Anthropology of Stuff" is part of a new Series dedicated to innovative, unconventional ways to connect undergraduate students and their lived concerns about our social world to the power of social science ideas and evidence. Our goal with the project is to help spark social science imaginations and in doing so, new avenues for meaningful thought and action. Each "Stuff" title is a short (100 page) "mini text" illuminating for students the network of people and activities that create their material world. Yi-Chieh Lin reveals how the entrepreneurial energy of emerging markets, such as China, includes the opportunity to profit from fake stuff, that is counterfeit goods that rely on our fascination with brand names. Students will discover how the names and logos embroidered and printed on their own clothes carry their own price tag above and beyond the use value of the products themselves. The book provides a wonderful introduction for students to global markets and their role in determining how they function.




Sociological Perspectives on Media Piracy in the Philippines and Vietnam


Book Description

This book addresses the persistence of the optical media piracy trade in the Philippines and Vietnam. It goes beyond arguments of defective law enforcement and copyright legal systems by applying sociological perspectives to examine the socio-economic forces behind the advent of piracy in the region. Using documentary and ethnographic data, in addition to resistance and ecological theories in sociology of law and technology as the overall theoretical framework, the book investigates factors that contribute to this phenomenon and factors that impede the full formalization of the optical media trade in the two countries. These factors include the government’s attitude towards the informal sector and strong resistance to tougher IPR protection, unstable and sometimes conflicting policies on technologies, burdensome business registration process and weak enforcement of business regulations, bureaucratic corruption and loopholes in law enforcement system as well as trade ties with China. In addition to that, the book highlights the social background of the actors behind the illegal business of counterfeit CDs and DVDs, thereby explaining the reasons they continue to persist in this type of trade. It invites policymakers, law enforcers, advocates of anti-piracy groups, and the general public to use a more holistic lens in understanding the persistence of copyright piracy in developing countries, shifting the blame from the moral defect of the traders to the current problematic copyright policy and enforcement structure, and the difficulty of crafting effective anti-piracy measures in a constantly evolving and advancing technological environment.




Postcolonial Piracy


Book Description

Across the global South, new media technologies have brought about new forms of cultural production, distribution and reception. The spread of cassette recorders in the 1970s; the introduction of analogue and digital video formats in the 80s and 90s; the pervasive availability of recycled computer hardware; the global dissemination of the internet and mobile phones in the new millennium: all these have revolutionised the access of previously marginalised populations to the cultural flows of global modernity. Yet this access also engenders a pirate occupation of the modern: it ducks and deranges the globalised designs of property, capitalism and personhood set by the North. Positioning itself against Eurocentric critiques by corporate lobbies, libertarian readings or classical Marxist interventions, this volume offers a profound postcolonial revaluation of the social, epistemic and aesthetic workings of piracy. It projects how postcolonial piracy persistently negotiates different trajectories of property and self at the crossroads of the global and the local.




On the Cyber


Book Description




The Business of Entertainment


Book Description

We love to be entertained. And today's technology makes that easier than ever. Listen to tunes while working out? No problem. Watch a movie on your cell phone? Can do. Get 450 channels of digital entertainment bounced off a satellite and into your vehicle—even while traveling through empty wastelands? Simple. But behind these experiences is a complex industry, dominated by a handful of global media conglomerates whose executives exert considerable influence over the artists and projects they bankroll, the processes by which products are developed, and the methods they use to promote and distribute entertainment. As this set shows, the industries in which commerce, art, and technology intersect are among the most fascinating in all of business. Entertainment is a high-stakes industry where stars are born and flame out in the blink of an eye, where multimillion dollar deals are made on a daily basis, and where cultural mores, for better or worse, are shaped and reinforced. The Business of Entertainment lifts the curtain to show the machinery (and sleight of hand) behind the films, TV shows, music, and radio programs we can't live without. The Business of Entertainment comprises three volumes, covering movies popular music, and television. But it's not all about stars and glitter—it's as much about the nuts and bolts of daily life in the industry, including the challenges of digitizing content, globalization, promoting stars and shows, protecting intellectual property, developing talent, employing the latest technology, and getting projects done on time and within budget. Challenges don't end there. There's also advertising and product placement, the power of reviews and reviewers, the cancerous spread of piracy, the battles between cable and satellite operators (and the threat to both from telephone companies), the backlash to promoting gangsta lifestyles, and more. Each chapter is written by an authority in the field, from noted scholars to entertainment industry professionals to critics to screenwriters to lawyers. The result is a fascinating mosaic, with each chapter a gem that provides insight into the industry that—hands down—generates more conversations on a daily basis than any other.




Trade Related Aspects of Intellectual Property Rights


Book Description

The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts. This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.




Building Consumer-Brand Relationship in Luxury Brand Management


Book Description

Luxury is no longer a privilege of the high-net-worth individuals. It is now accessible to all. This has become possible because the essence of luxury has changed: from something based upon materialism and conspicuous and hedonic consumption to one that embraces enrichment and experiences for the consumers. This evolution creates challenges for luxury brands and for the managers of luxury brands. Building Consumer-Brand Relationship in Luxury Brand Management is a collection of innovative research that focuses on the conception and marketing of luxury as an experience and explores more integrative and comprehensive approaches to modeling and understanding the consumer-brand relationship with luxury brands and their sustainability in a global and multicultural world. Highlighting a broad range of topics including digital marketing, consumer demand, and social responsibility, this book is ideally designed for marketers, brand managers, consumer analysts, advertisers, entrepreneurs, executives, researchers, academicians, and students.