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The importance of intellectual property protection essay
The importance of intellectual property
Importance of intellectual property
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Everyone has seen the sidewalk vendor hawking a too good to be true designer handbag. The clues to counterfeit luxury items used to be so obvious that most people knew exactly what they were buying. This sadly is no longer the case. The production of counterfeit items causes American manufactures to suffer about $200 billion in losses each year according to the International AntiCounterfeiting Coalition (Freedman, 1999). A large part of counterfeited items are fashion goods. They are usually easily recognizable, especially at the designer or luxury end of the market. The more exclusive a brand is, the more likely it is to be counterfeited (Lai & Zaichkowsky, 1999). As these goods are also high value, there is considerable profit to be made from counterfeiting these brands. In recent years counterfeiting has become a major headache for designers, consumers, and the government. Manufacturers, mostly in Asia, create knockoffs of popular fashion items in order to sell to unsuspecting consumers at a cheaper price than the originals. While there are a few government agencies devoted to catching these criminals, most are never caught due to the huge demand for these items. Due to the popularity of the Internet and online shopping, the problem is only getting worse. In this paper the research indicates that the production of counterfeit luxury goods has caused significant economic damage by competing with legitimate businesses, eroding the value of the brands that they counterfeit, and by causing the loss of American jobs and preventing the United States from collecting taxes on the counterfeiter’s sales and profits. The business of counterfeiting makes it harder for genuine retailers to compete in the marketplace. Legitimate businesses... ... middle of paper ... ...993). USA Today Magazine, 122(2579). Freedman, D.H. (1999). Fakers' paradise. Forbes, 163(7), 49-54. International AntiCounterfeiting Coalition. (2005). The negative consequences of international intellectual property theft. Retrieved from http://www.iacc.org Lai, Kay Ka-Yuk and Judith Lynne Zaichkowsky (1999), Brand imitation: Do the Chinese have different views? Asia Pacific Journal of Management, 16(2), 179-192. McCausland, C. (2010, April 26). Counterfeit goods: Designer handbags, Rolex watches, and now airplane engine parts. Christian Science Monitor. Parloff, R., Chandler, C., & Fung, A. (2006). Not exactly counterfeit. Fortune, 153(8), 108-116. Roth, J.S., & Jacoby, D. (2009). Fashion, copyright, and the proposed design piracy prohibition act. IP Litigator, 15(6), 1-8. Sommers, M., & Kilaru, N. (2008). Counterfeit corner. IP Litigator, 14(1), 41-42.
On late August of 2007, Dana Thomas writes to the general public on the horrors made possible by the buying and selling of counterfeit fashion goods to persuade the end of the consumerism funding monstrous acts. Through the incorporation of ethos, logos, and pathos in her journalism, Thomas persuades her audience with the uncoverings of the sources behind the making of the counterfeit goods.
People are often deceived by some famous brands, which they will buy as useless commodities to feel they are distinctive. People require brands to experience the feeling of being special. People spend their money to have something from famous brands, like a bag from Coach or Louis Vuitton which they think they need, yet all that is just people’s wants. Steve McKevitt claims that people give more thought on features or brands when they need to buy a product, “It might even be the case that you do need a phone to carry out your work and a car to get around in, but what brand it is and, to a large extent, what features it has are really just want” (McKevitt, 145), which that means people care about brands more than their needs. Having shoes from Louis Vuitton or shoes that cost $30 it is designed for the same use.
Secondly luxury products are easy to counterfeit, some countries such as china, turkey, and other still have to improve their IPR policies
Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these safe guards. “Intellectual Property has the shelf life of a banana.” Bill Gates
Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
The global fashion and apparel industry is a giant with annual turnover of approx. $1.7 trillion and provides employment to approx. 75 million people. With globalization and increasing competition amongst manufacturers, coupled with lower production rates in the developing countries, buying clothes has become way inexpensive than before. Add to it the fiercely growing internet penetration and fast catching up ecommerce industry, clothes are more or
Today, designer fashion is very popular amongst Americans’ in all age groups. Head out to the mall on any weekend and it’s sure to be packed with people shopping in upscale stores like Barney’s, Gucci, or Louis Vuitton. Because of peoples yearn for these designer fashions, counterfeiting is a major issue throughout the world. In Dana Thomas’s article, "Terror’s Purse Strings", Thomas discusses how counterfeiting has become a major problem throughout the world; She also points out that the majority of these counterfeit operations are run out of Chinese factories and how many of these factories employ young children who are sold or sent off by their families to go manufacturer these “luxury” counterfeit goods. I chose Thomas’s article because
Consumer attitudes are influenced by social pressure which is inclusive of informative and normative susceptibility (Ang, et al., 2001; Bearden, Netemeyer, & Teel, 1989; Wang, Zhang, & Ouyang, 2005). Normative consumers are more concerned with impressing others and ensuring that their behaviors are based on the expectations of others. Since counterfeiting is an unethical and illegal activity and involvement in such an activity does not project a positive image, therefore normative consumers would have negative attitude towards counterfeit products (Ang, et al., 2001; Lord, Lee, & Choong, 2001; Penz
Legislation and regulation: Governments may prevent or allow the sale of Primark’s clothes based on product features, like provenance, materials, and so
Hasbro faces a significant threat from counterfeits of its products. As the market for toys and games is increasing globally, the parallel market for counterfeit toys is also on the rise. Such activity rises especially during the festive months when toy sales are expected to be high. Counterfeits pose a threat to the toys and games market, not just in terms of lost business and brand dilution, but also by selling products that can be potentially dangerous to children of all ages. Low quality counterfeits reduce consumer confidence in branded products like Hasbro. Counterfeits not only deprive revenues for the company but also dilute its brand image.
2006). Burberry’s product line, especially the famous trademark plaid, unfortunately, is not difficult to imitate, the development of “fake Burberry” affects their revenue. In 2010, Burberry won $1.5 million in counterfeit case (Matthew 2010), but the counterfeit apparel and accessories is still the key issue for all major luxury brand (Maman 2012).
Are items created for profit physically any different from their “authentic” counterparts? At an atomic level, perhaps, but the untrained eyes of most tourists would probably not find any dissimilarities between a mass-produced mask and a more “authentic” one. Yet we as a society treat economically motivated primitive art as different from the primitive art actually used in rituals, which indicates that economic motivations can definitely influence our perceptions of art. This realization still brings us back to the question posed in the last paragraph, however: why would people treat Renaissance art as valuable and advertising as beneath their notice if both have economic motivations behind their
Counterfeiting and piracy has affected the economy worldwide and is continuously growing at a steady pace. Counterfeiting can be defined as the manufacturing of any product with the intentions of closely resembling the appearance of another product to mislead consumers into thinking that they have the authentic creation. Examples of counterfeiting include trademark infringement, copying of packaging, copyright infringement, or copying any other significant features in another product. Piracy can be defined as the production and distribution of products and materials that are copyright protected while making such materials available on online networks without the authorization of the right owner which is required by law. There are
In the Fashion, Design and Luxury world, the protection of the intellectual property, especially brands, logos, and trade dresses are of the highest importance. This topic is regularly discussed in the daily life of business in this sector, and is unfortunately usually a source of problems or at least, of risks that need to be addressed. Since we plan to work in the fashion industry, it is of utmost importance to know and be aware about these issues.
However, since the last two decades, the luxury industry has been losing billions because of counterfeited products. Counterfeit can be defined as: