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Counterfeiting and theft of tangible intellectual property: challenges and solutions
Counterfeiting and theft of tangible intellectual property : challenges and solutions : hearing before the Committee on the Judiciary, United States Senate, One Hundred Eighth Congress, second session, March 23, 2004.
The United States has created enforceable rights in "intangibles" that are known as intellectual property, including copyrights, trademarks, and trade secrets. Copyright law provides federal protection against infringement of certain exclusive rights, such as reproduction and distribution, of "original works of authorship," including computer software, literary works, musical works, and motion pictures. 17 U.S.C. �� 102(a), 106. The use of a commercial brand to identify a product is protected by trademark law, which prohibits the unauthorized use of "any word, name, symbol, or device" used by a person "to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods." 15 U.S.C. � 1127. Finally, trade secret law prohibits the unauthorized disclosure of any confidential and proprietary information, such as a formula, device, or compilation of information but only when that information possesses an independent economic value because it is secret and the owner has taken reasonable measures to keep it secret. 18 U.S.C. �� 1831, 1832.
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.
Although individuals or companies can pursue civil remedies to address violations of their intellectual property rights, criminal sanctions are often warranted to ensure sufficient punishment and deterrence of wrongful activity. Congress has continually expanded and strengthened criminal laws for violations of intellectual property rights to protect innovation, to keep pace with evolving technology and, significantly, to ensure that egregious or persistent intellectual property violations do not merely become a standard cost of doing business for defendants.
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.