Study case

7 July 2016

Do you think that the international community is being too lax about the abuse of intellectual property rights? Are international companies simply afraid to speak out for fear of jeopardizing access to attractive market? I strongly believe that the international community is doing their best to fight counterfeiting, but it is really to put everyone on the same page. For instance, because of corruption in developing countries, it is hard to fully implementing policies in counterfeiting.

And when you look at countries like china that is a communist country, and where the government is not so much cooperating, companies just rather get their businesses instead of losing them because it is such big market. Further, India also fall in the same pattern. 2- Increased in digital communication may pose a threat to intellectual property because technology allows people to create perfect clones of original works. How do you think the internet is affecting intellectual property laws? I think the internet has made a lot easier because these counterfeiters can pretty sell anything they like over the internet without being caught.

It is definitely hard to implement these laws over the net because majority of these people do not even operates in most developed countries. It is affecting the software and the clothing industries a lot more than any other industry out there in opinion. the best way to fight this burden, is to educate the population and also bring the prices because these companies really charges a lot which forces people to look at other alternatives. 3- Locate information on the tiffany versus eBay lawsuit mentioned in the case.

Identify the arguments of the plaintiff and the defendant and who prevailed. What are the implications of that lawsuit for the sale of counterfeits in online auctions? I have located the article on Bloomberg BusinessWeek and apparently Tiffany had sued eBay for not doing better job to make that the product sold on the website are not counterfeited. But eBay actually spend millions of dollars to fight this problem and it is very hard because there are thousands of individuals that selling products on the website and eBay makes a percentage on every sell made.

Therefore, the judge ruled in favor of eBay because they showed that they fighting this burden even after multiple appeal by Tiffany. However, there was another lawsuit in France against eBay regarding this manner from another companies and it lost the case paying more $60 million. In my point of view, I argued with the ruling in the United states because if Tiffany had won the lawsuit, other companies would have brought lawsuits against eBay and they would have been bankrupt by now and I don’t that would stop or reduce counterfeiting in any case.

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