Strategies for Protecting Intellectual Property in International Business
While the international business community is already fighting against counterfeit production, more can still be done to protect its intellectual property (IP) rights. It could involve lobbying for stricter regulations in emerging markets, especially those with lax anti-piracy regulations, such as India and China (Wild & Wild, 2021). Thus, businesses should seek to engage with and educate local law enforcement agencies and governments about the severe impact of intellectual property violations on their industries.
Challenges in Addressing Counterfeiting in Emerging Markets
Given the complex landscape of international business, it is likely that some companies are hesitant to openly protest against counterfeiting in emerging markets. The case reveals that in countries such as China, challenging piracy can massively harm business relations (Wild & Wild, 2021). Despite the latter, companies must realize that silence will erode their intellectual property rights over time, which will cause significant revenue losses.
Impact of Digital Technologies on Intellectual Property Laws
The advent of the internet and digital technologies has transformed the landscape of intellectual property laws, making it easier for pirates to distribute counterfeit goods widely. For instance, counterfeiters exploit the technologies to sell phony products at a lower distribution cost (Wild & Wild, 2021). Therefore, the given technologies challenge lawmakers, who must now adapt and extend IP laws to cover these new digital realms.
Case Study: Tiffany vs. eBay and Its Implications
The case of Tiffany (NJ) Inc. v. eBay Inc. concerned the responsibility of the online marketplace to prevent the sale of counterfeit goods. Tiffany argued that eBay should be held accountable for the counterfeit Tiffany goods sold on its site. However, eBay contended that they did enough to combat counterfeit sales and that brand owners should be responsible for reporting fake goods (UNODC, 2023). The court favored eBay, which suggests that online platforms are not to be held liable unless they have specific knowledge of counterfeit items (UNODC, 2023). Such a verdict has significant implications for future dealings with counterfeits in online auctions.
References
UNODC. (2023). Tiffany Inc v eBay Inc. Web.
Wild, J. J., & Wild, K. L. (2021). International business: The challenges of globalization (9th ed.). Pearson.