This research will, empirically, analyze the actual seriousness of counterfeit situations currently in China, and look into the enforcement strength of the agencies. As the research will show, trademark counterfeit an...This research will, empirically, analyze the actual seriousness of counterfeit situations currently in China, and look into the enforcement strength of the agencies. As the research will show, trademark counterfeit and infringement situations are changing differently. To be specific, counterfeit cases decrease while infringement increase. And overall, the illegal business scale and volume appear to decrease with a better performance of counterfeits, which indicates an improvement on combating counterfeits. Moreover, the enforcement strength shows an improvement as well, since the criminal cases and counterfeiters transferred by agencies tripled in the past ten years, even though the fines imposed by the agencies do not increase significantly. Most importantly, the cost to infringers after being enforced by agencies increases greatly, with a lower cost to counterfeit and a higher cost to infringe. To sum up, this paper not only emphasizes the progress of Chinese administrative enforcement on trademark counterfeit and infringement, but also contributes a framework of empirically analyzing such enforcement and the theoretical grounds. It is believed that this will lay a solid foundation for the future empirical works on IP infringements and the costs.展开更多
文摘This research will, empirically, analyze the actual seriousness of counterfeit situations currently in China, and look into the enforcement strength of the agencies. As the research will show, trademark counterfeit and infringement situations are changing differently. To be specific, counterfeit cases decrease while infringement increase. And overall, the illegal business scale and volume appear to decrease with a better performance of counterfeits, which indicates an improvement on combating counterfeits. Moreover, the enforcement strength shows an improvement as well, since the criminal cases and counterfeiters transferred by agencies tripled in the past ten years, even though the fines imposed by the agencies do not increase significantly. Most importantly, the cost to infringers after being enforced by agencies increases greatly, with a lower cost to counterfeit and a higher cost to infringe. To sum up, this paper not only emphasizes the progress of Chinese administrative enforcement on trademark counterfeit and infringement, but also contributes a framework of empirically analyzing such enforcement and the theoretical grounds. It is believed that this will lay a solid foundation for the future empirical works on IP infringements and the costs.
