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C file://users/Zweez/Downloads/2017-09-19%2014-05-42.pdf markets, counterfeiters

ID: 415059 • Letter: C

Question

C file://users/Zweez/Downloads/2017-09-19%2014-05-42.pdf markets, counterfeiters now employ the latest technology. Just ectual property laws and regulations are fine, but poor enforcement as honest businesses do, they are using the Internet to slash the is to blame for high rates of piracy, Amazingly, China's regulatory cost of distributing their fake goods. All merchandise on some body sometimes allows a counterfeiter to remove an infringing Internet sites is counterfeit, and even legitimate website opera trademark and still sell the substandard good. Technology compa- tors, such as eBay (www.ebay.com), have difficulty rooting out nies said to have been harmed by China's weak intellectual prop- pirates erty laws include Microsoft (www.microsoft.com). which claims New York retailer Tiffany&Company; (www.tiffany.com h its software is widely pirated, and Cisco Systems (www.cisco. sued eBay when counterfeits of its products appeared on eBay's com), which sued a Chinese hardware maker for allegedly copying website. In the complaint, Tiffany said that, of the 186 jewelry and using Cisco networking software. pieces bearing the Tiffany name that it randomly purchased on eBay, 73 percent were phony. Tiffany argued that eBay should Thinking Globally bear responsibility for the sale of counterfeit merchandise on its 3-16. What more do you think the international business commu site because it profits significantly from the sale of fake merchan- dise, provides a forum for such sales, and promotes it. Others 3-17. Are international companies simply afraid to speak out disagree, saying it is impractical to require online auctioneers to verify the authenticity of every product sold on its site. nity could do to protect their intellectual property rights? against counterfeiting in potentially lucrative emerging markets for fear of being denied access to them? Pirates have not ignored the market for automotive parts, which loses around $12 bilion annually to phony goods. Car manufacturers list harmful fakes such as brake linings made of compressed sawdust and transmission fluid that is nothing 3-18. By using the latest technologies, people can often create perfect clones of original works. How are the Internet and the latest digital technologies influencing intellectual prop erty laws? more than cheap oil with added dye. Boxes bearing legitimate 3-19. Locate information on the Tiffany versus cBay lawsuit and looking labels make it difficult for consumers to tell the differ- ence between a fake and the real deal. The problem is causing fears of lawsuits because of malfunctioning counterfeits and concerns of lost revenue for producers of the genuine articles For example, if someone is in an accident because of a counter- feit product, legitimate manufacturers need to prove the product Sources: Sarah E. Needleman and is not their own. identify each side's arguments and who prevailed. What are the implications of that lawsuit for the sale of counterfeits in online auctions? Kathy Chu. "Entrepreneurs Bemoan Journal (www.wsj.com). April 28, 2014; Counterfeit Goods." Wall Street Lax antipiracy regulations and booming economies in emerg-Conterfet Drugs: Fake Pharna," The Economist (www.csonomist ing markets mean potential intellectual-property traps awaitbnury 15, 2012; Rachael King. Fighting a Flood of Counterfeit Tech Products." Bloomberg Businessweek (www.businessweek.com). March 1 example, Indian law gives 2010: Andrew Willis, "Europe Awash in Counterfeit Drugs." Bloombera companies doing business there. For processes used to manufacture drugs-but not on the selves. This lets Indian companies modify the patented production l firms five- to seven-year patents on Businessweek (www.businessweek.com), December 8, 2009: Rachel Metz, drugs them"Bay Beats Tiffany in Coart Case over Trademarks. USA Today (www usatoday.com) July 14. 2008

Explanation / Answer

3-16. The international business community would do in order to protect their intellectual property rights are as follows:

1. The business community would work together with the legal counsel in order to develop an overall Intellectual property Right strategy. This would help all the business community by developing a common laws internationally.

2. There may be the the coded language would be used in for developing the detailed IPR licensing.

3. The copyright, trademarks and patent has to be registered with the foreign market. It should be secured also.

3-17. Yes, international companies are simly afraid to speak about the counterfieting in potential lucrative emerging market for fear of being denied access to them. Every country have their own rules and regulations for IPR to follow according to their economic conditions. When the company entered into their province it has to follow the legal and prevailing country norms for doing their business. The laws varies from country to country. In order to make the existence in the country the company is bound to follow their laws. As the market is emerging so any business hub wants to be the major player in it. If they would be avoided, they may not exist anywhere. They have the fear of the distruction.

3-18. The emerging trends in the technology benefited both aspects positive as well as negative. The internet has helpful in doing the business which reduces the time and money. But the drawback is that there is very difficult to find out the difference between the tight and the wrong one. The original and it's counterfeit would not be identified if the technical team behind the scean won't work. Digital advancement leads to the less physical security. The privacy and the security of the business products would be the major concern. It is

The laws are stretched to specific limitations in the digital era. As the internet and the digital technologies growing day by day so it impacts on the laws. The peas according to the security concerns would be amended over some period of time or on the basis of the development. It enhances helps in developing the new laws to protect the business. It also questions the new laws authenticity.

3-19. Tiffany and company is the New York retailer company. This company is the retailer of jewellery products.

E-bay is the e-commerce website which sells the Tiffany products.

The Tiffany sued the e-Bay company because it's 186 jewellerys were counterfeit and sold on the e-Bay website with it's trade name. The company argued that there is a responsibility of the eBay company to find out the authenticity of the products sold on their website's.

But the e-Bay company don't get fired in this case because majority of the business people disagree with Tiffany's argument. E-bay company was the prevailed in this case. The implications of the lawsuits in the sale of counterfeit in the online auctions are as follows:

1. Validity of the product sold online checked before.

2. Both the buyer and the seller is responsible for the sale of the counterfeit.

3. The proof of indentity is required before the action process starts.