Tag Archives: fakes

97% of Europeans regard IP rights favorably; 41% ages 15-24 believe it is sometimes OK to buy counterfeits

May 1, 2017 by Bruce Berman 0 Comments

When it comes to intellectual property rights Europeans are highly respectful, except among the young, where buying counterfeits has gown.

That is the primary take-away of an extensive European Community survey of attitudes toward IP rights delivered recently. The findings show that 97% of Europeans believe that IP should be respected, and that inventors, creators, and performing artists need to be paid for their work.

In contrast to the overall positive regard for IP rights, however, 41 per cent of young Europeans, ages 15 to 24, said they believed it was acceptable to buy counterfeits if the original product was too expensive. 15% of those surveyed in that age group said that they had intentionally purchased a counterfeit product in the past 12 months, 9% higher than in a similar 2013 study conducted by the European Union Intellectual Property Office (EUIPO).

“European Citizens and Intellectual Property: Perception, Awareness and Behavior,” a 205-page research report, updates the first EUIPO provides further evidence of how IP rights are regarded by EU citizens at a time when encouraging innovation and creativity is increasingly the focus of economic policy.

“In line with the 2013 results, people do not always act in line with their stated position,” said EUIPO Executive Director, Antonio Campinos, in summarizing the findings. “The key 15-24 age group seems to have become less convinced that fake goods are damaging and is buying more counterfeit goods, mainly for price reasons.”

Significant Sample

“European Citizens and Intellectual Property” surveyed people across all 28 EU Member States about their perceptions of intellectual property survey. It consolidates results of more than 26,000 interviews and confirms the global picture assessed in the EUIPO’s 2013 research.

“Even during a period of economic crisis when household budgets have come under pressure,” the report concluded, “the vast majority of respondents agree that it is important that inventors, creators, and performing artists can protect their rights and be paid for their work.”

Eighty-three percent said they prefer to access digital content through legal or authorized services whenever there is an affordable option available, and 71 percent of those admitting to using illegal sources say they would stop, if they could access affordable alternative options.

Confusion is growing about what constitutes a legal source. In 2016, 24 percent of respondents, five percentage points more than in 2013, wondered if an online source was legal, rising to 41 percent among young people.

Half of the Europeans queried believe that strict protection of IP rights may, in fact, curb innovation, and more than half feel that IP principles are not adapted to the Internet.

Neither the 2017 survey and previous study focused on counterfeits and copyrighted content, or examine attitudes towards patents or trade secrets.

An executive summary for “European Citizens and Intellectual Property” can be found here.

For the full 2017 EUIPO IP perception study, go here.

Image source: euipo.europa.eu

Litigation, News, Places, Research, Transactions, Uncategorized
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Trade in counterfeit & pirated goods is $.5 trillion – 2.5% of all imports

February 7, 2017 by Bruce Berman 0 Comments

“Fakes,” or counterfeit products, are a growing menace that deplete resources, threaten jobs and endanger lives. 

A report compiled by the Organization for Economic Cooperation and Development (OECD) says that imports of counterfeit and pirated goods are worth nearly half a trillion dollars a year, or around 2.5% of global imports. That is about the entire GDP of Austria, or of Ireland and the Czech Republic combined.

The U.S., Italian and French brands have been the hardest hit, and “many of the proceeds going to organised crime.” The 2016 report was co-authored by the EU’s Intellectual Property Office. China also is in the top 12 (see graph below).

Five-percent are Fakes

“Trade in Counterfeit and Pirated Goods: Mapping the Economic Impact” puts the value of imported fake goods worldwide at $461 billion in 2013, compared with total imports in world trade of $17.9 trillion.

Up to 5% of goods imported into the European Union are fakes, the report stated. Most originate in middle-income or emerging countries, with China the top producer.

“Transit points include economies with very weak governance and having a strong presence of organized crime or even terrorist networks (e.g. Afghanistan or Syria).”

nationshit

“Given the fundamental economic importance of IP, counterfeiting and piracy must be directly targeted as a threat to sustainable IP-based business models,” concludes the OECD report.

China may be making great strides in domestic patent protection (see China is Poised to Overtake the U.S. as the Leading Patent System) with low injunction hurdles and high respect for foreign-held rights, but as of 2013, it was responsible for almost two-thirds of global counterfeits, based on the percent of seizures documented.

Missing: Content and Invention Theft

Ironically, the Trade in Counterfeit and Pirated Goods: Mapping the Economic Impact, does not mention content sharing or copying, copyright violations, as a global threat.

It also does not address the economic impact of products being falsely sold as original that are infringing other businesses’ patents.

fakeoriginators

For those interested, the 2017 OECD Global Anti-Corruption and Integrity Forum will be held this year in Paris, March 30-31. For more information go here.

 

Image source: OECD report

Events, News, Places, Research, Uncategorized
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Bill Introduced to Criminalize Purchase of Counterfeits in NYC

June 24, 2013 by Bruce Berman 2 Comments

Legislation would make NY the first U.S. city to prosecute buyers of fake goods with jail terms of up to one year.

The New York City Council has introduced a bill to make the purchase of counterfeit goods a crime punishable by a fine of up to $1,000 and as much as a year in jail, which would make buying a fake Rolex watch a Class A misdemeanor.

The most stringent punishments would be applicable to people who buy in bulk, often to resell to friends back home, said NYC Councilwoman Margaret Chin, who introduced the legislation. In those particular situations it is difficult to argue that buyers merely got lost on the way to purchase authentic products. Chin’s district, which is comprised of lower Manhattan includes Chinatown, as well as flagship stores for Gucci, Prada, Louis Vuitton, Rolex and other luxury brands.

Golden Rule 

Teaching respect for others’ intellectual property should be the Golden Rule of the digital age. It does not matter if the property is intangible, like copyrights on recordings, or patents that cover inventions, ideas and creative output are not there for the taking. Real estate lines are clear cut; not so with the rights to intangible assets. Some consumers may require help understanding how brands work and the importance of upholding a trademark, but many would rather remain uninformed.

luxury_brandsPeople can be taught the importance of respect for other people’s’ property not only because IP theft violates the law, but because it has serious implications for American jobs and businesses. When items such as pharmaceuticals and air plane parts can be counterfeited, there can be life-threatening consequences, too. 

The speed and accessibility of information makes it feel as if everything is within the tap of a smart phone or click of a mouse. But because images and content (and inventions) are easier to access does not mean that they are up for grabs. Lines of demarcation need to be more clearly delineated and consistently enforced.

A hefty fine or jail term for buying counterfeit goods may seem harsh, but that’s only because we’ve gotten used to accepting IP crimes as business as usual. Many believe that IP is a basic right, like air and water. It is not. Just as a “John” enables prostitution, in the eyes of the law and is in part responsible for it and criminally liable.  Similarly, those who buy counterfeit goods must be held accountable for their actions. Pleading ignorance is a sorry excuse. Parents, schools, and law enforcement agencies, need to do a better job of educating audiences about IP rights.

IP Theft is a Serious Problem

It is difficult to determine whether or not consumers who buy products from companies that violate other business’ patents are breaking the law. The fact remains that invention theft by technology companies is rampant. If more consumers were aware of the problem and its impact, they may care enough to do the right thing and encourage others to. (Awareness of child labor in developing nations has changed attitudes if not consumer preferences.) Consumers, not just the courts, are responsible for reinforcing good business  behavior.

Trademark, copyright and trade secrets are all protected to some extent under criminal law. If the counterfeit legislation is voted in, those who participate in brand or trademark counterfeits in NY will be subject to much harsher treatment than in the past. Patent violators escape criminal penalties, in part because infringement can be unintentional and wilfulness very difficult to prove. It will be interesting to see under what conditions criminal penalties for patent violators will become viable.

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Councilwoman Chin said at a public hearing that counterfeits deprive the city of at least $1 billion in tax revenue annually that could otherwise support community improvements. The Democratic lawmaker expects a vote sometime in the coming months.

France already has the toughest counterfeit law. “In France, everyone seems to know that buying or carrying fakes is a crime,” says Valerie rolex-watchesSalembier, a former publisher of Harper’s Bazaar magazine who planned to testify at the NYC Council hearing. She runs the nonprofit Authentics Foundation dedicated to consumer education of the counterfeit industry. Air France warns tourists to stay away from fake goods, because anyone in the country risks fines of up to 300,000 euros’ (more than $478,000 USD), and up to three years in prison for the mere possession of a counterfeit item.

‘‘It’s why they don’t have a big problem with counterfeits in France,” Salembier says.

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“Protecting the trademark of manufacturers is in the city’s interest and the country’s interest, otherwise people wouldn’t come here and sell things and create things,” Mayor Michael Bloomberg told reporters during an appearance in the Bronx.

Image source: counterfeitchic.com; beingdutchinasia.com; http://ryklim.wordpress.com/ 

News, People, Uncategorized
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