Cover
![title Trademark Counterfeiting Product Piracy and the Billion Dollar - photo 1](/uploads/posts/book/9944/4a198fa475cf608211d35cd9bb56024e.jpg)
title | : | Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy |
author | : | Paradise, Paul R. |
publisher | : | Greenwood Publishing Group |
isbn10 | asin | : | 1567202500 |
print isbn13 | : | 9781567202502 |
ebook isbn13 | : | 9780313001772 |
language | : | English |
subject | Intellectual property--United States, Trademark infringement--United States, Product counterfeiting--United States, Piracy (Copyright)--United States, Intellectual property--Economic aspects--United States. |
publication date | : | 1999 |
lcc | : | KF2980.P37 1999eb |
ddc | : | 346.7304/88 |
subject | : | Intellectual property--United States, Trademark infringement--United States, Product counterfeiting--United States, Piracy (Copyright)--United States, Intellectual property--Economic aspects--United States. |
Page i
Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy
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Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy
Paul R. Paradise
![Page iv Library of Congress Cataloging-in-Publication Data Paradise Paul R - photo 2](/uploads/posts/book/9944/0c8dd4731b20498a054cbc64e5296a9b.gif)
Page iv
Library of Congress Cataloging-in-Publication Data
Paradise, Paul R., 1950
Trademark counterfeiting, product piracy, and the billion dollar
threat to the U.S. economy / Paul R. Paradise.
p. cm.
Includes bibliographical references and index.
ISBN 1567202500 (alk. paper)
1. Intellectual propertyUnited States. 2. Trademark
infringementUnited States. 3. Product counterfeitingUnited
States. 4. Piracy (Copyright)United States. 5. Intellectual
propertyEconomic aspectsUnited States. I. Title.
KF2980.P37 1999
346.730488dc21 9910410
British Library Cataloguing in Publication Data is available.
Copyright 1999 by Paul R. Paradise
All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher.
Library of Congress Catalog Card Number: 9910410
ISBN: 1567202500
First published in 1999
Quorum Books, 88 Post Road West, Westport, CT 06881
An imprint of Greenwood Publishing Group, Inc.
www.quorumbooks.com
Printed in the United States of America
![Picture 3](/uploads/posts/book/9944/a9d3080d9829240868514f8a3266e60e.gif)
The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.481984).
10 9 8 7 6 5 4 3 2
Every reasonable effort has been made to trace the owners of copyright materials in this book, but in some instances this has proven impossible. The author and publisher will be glad to receive information leading to more complete acknowledgments in subsequent printings of the book and in the meantime extend their apologies for any omissions.
Page v
Contents
Preface | ix |
Acknowledgments | xi |
| Trademark Counterfeiting | |
The Importance of Intellectual Property | |
Trademark Act of 1946 (Lanham Act) | |
Copyright Act of 1976 | |
The Patent Act | |
Common Law Background | |
| The Worldwide Threat | |
Organized Crime | |
Technological Advances | |
Globalization of the Economy | |
Gray Market Goods | |
Lack of Intellectual Property Laws | |
The Threat to the U.S. Business Community | |
| The Trade Dispute with the Peoples Republic of China | |
The 1991 Special 301 and Section 301 Investigations | |
Chinas Emergence as an International Pirate | |
Page vi
The 1994 Special 301 | |
Special Enforcement | |
The 1996 Agreement (1996 Report on Implementation by the Chinese) | |
The AftermathSoutheast Asia | |
| The Knockoff | |
The 1984 Trademark Counterfeiting Act | |
Trouble along the Border | |
| Street Peddlers and Flea Markets | |
Street Peddlers | |
Flea Markets | |
Fighting Back | |
| Pursuing the Counterfeiters | |
| The Entertainment Industries | |
Book Piracy | |
Film and Video Piracy | |
Signal Theft | |
Pirated Video Games | |
Music Piracy | |
| The Pill Pirates | |
The Food and Drug Administration (FDA) | |
The Drug Approval Process | |
Drug Counterfeiting in the Third World | |
Assistance for the Developing Countries | |
| Nuts and Bolts | |
Counterfeit Automobile Parts | |
Counterfeit Aircraft Parts | |
| Piracy in Cyberspace | |
Page vii
| Public Education | |
Consumer Demand | |
Public Education | |
Selected Readings | |
Index | |
Page viii
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Page ix
Preface
During 1995 and 1996 the United States nearly imposed trade sanctions on the Peoples Republic of China for the piracy of U.S.-owned copyrights for music, computer software, and motion pictures by the Chinese. Only the signing of an agreement by the Chinese in both years regarding greater protection of intellectual property avoided an all-out trade war.
The trade dispute underscored how serious a problem the counterfeiting of trademarks and the piracy of copyrights and patents had become. Under the old English common law, the crime was called palming off. What the counterfeiter does is to steal the goodwill and brand name recognition inherent in a brand or trademark by attaching a counterfeit brand to his product and palming it off as the genuine article. Stealing the brand is as old as human commerce, but in modern times, the globalization of the economy and advances in technology have led to an explosion in counterfeit products. Prescription pills, automobile and airplane parts, heart pumps, garments, and a multitude of consumer products have been counterfeited and palmed off as the real product.
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