Friday, September 03, 2010

Knock-off problem: “You’re not going to arrest your way out of this"

Within a post at IPFinance:

Enforcing current anti-counterfeit laws against the distributors and sellers of fake goods isn’t working; the manufacturing and selling of counterfeit goods continue unabated. ‘“You’re not going to arrest your way out of this,” Bob Barchiesi, president of the International Anticounterfeiting Coalition, told [Nicholas Schmidle of the New York Times] in a despairing tone this past spring. As long as there is a demand, he insisted, there will be supply.’ Would criminalizing the purchasing of counterfeit products lead to higher success in stemming the tide of such product sales? Earlier this week, blogger Jeremy posted this item on IPKat about whether fake goods hurt or benefit the consumer market. His piece makes brief note that certain countries criminalize the purchase, in addition to the sale, of fake goods. Consumers might not purchase counterfeit products in such massive quantities as they do today if they risked heavy fines (after all, why pay a high government fine when you can spend the money buying the genuine article?), not to mention the embarrassment of getting caught purchasing a fake to pass off as the real thing.

Laws such as the Lanham Act are designed to PROTECT the consumer from the likelihood of confusion in making purchases.
Text such as --Consumers might not purchase counterfeit products in such massive quantities as they do today if they risked heavy fines -- stands the purpose on its head.

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