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

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Greenwood Publishing Group, 1999 - Business & Economics - 269 pages
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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.


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

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In today's high-tech world, pirates no longer roam the seas in search of bounty. Instead, they work all over the world, misusing official trademarks, peddling inexpensive "knock-offs" of well-known ... Read full review


2 The Worldwide Threat
3 The Trade Dispute with the Peoples Republic of China
4 The Knockoff
5 Street Peddlers and Flea Markets
6 Pursuing the Counterfeiters
7 The Entertainment Industries
8 The Pill Pirates
9 Nuts and Bolts
10 Piracy in Cyberspace
11 Public Education
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Page 10 - Works of authorship include the following categories: literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; and sound recordings.
Page 8 - If this business were to be split up, I would be glad to take the brands, trademarks, and goodwill, and you could have all the bricks and mortars. And I would fare better than you.
Page 10 - trade-mark" includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.
Page 16 - Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, may obtain a patent therefor, subject to the conditions and requirements of this Title.
Page 11 - Infringement suit: notwithstanding the provisions of section 1072 of this title, a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words "Registered in US Patent and Trademark Office
Page 15 - ... or more; (2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and (3...
Page 15 - ... shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, with a retail value of more than $2,500...

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About the author (1999)

PAUL R. PARADISE is a journalist and a freelance writer on a variety of topics, particularly the law and law enforcement./e A frequent contributor to law enforcement periodicals, and a staff writer for T.F.H. Publications, he was formerly an editor for a major publisher of law and law-related materials.

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