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Without Patents, Anti-Counterfeiting Efforts Won't Fly

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Kunmi
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Blogger
Re: Counterfeit parts and the patern laws.
Kunmi   12/31/2011 7:41:37 PM
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Counterfeiting is an incurable marketing disease. Patents has nothing to do in the cause of total eradication.

Mr. Roques
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Supply Network Guru
Re: Counterfeit parts and the patern laws.
Mr. Roques   12/23/2011 12:54:34 PM
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Does it have to be in the 'treaty-level' enforcement? How can the US enforce the US law in China?

Mr. Roques
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Supply Network Guru
Re: Counterfeit parts and the patern laws.
Mr. Roques   12/23/2011 12:49:30 PM
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Crazy thought: Apple sells the right to use the patent to small chinese companies, they make them change a few things but overall, the same technology... the Chinese, in turn, give them a share of the profits. Apple wins! 

They have an issue when a company that can compete with them is the one making the infrigement (Apple vs Samsung).

What do you think?

Eldredge
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Supply Network Guru
Re: Counterfeit parts and the patern laws.
Eldredge   11/16/2011 7:07:57 AM
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Unfortunately that is often true. It does show how much patent property is worth to the companies in the rapidly changing technology realm.

bolaji.ojo
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Blogger
Re: Counterfeit parts and the patern laws.
bolaji.ojo   11/15/2011 8:28:11 PM
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I've been digging into the patents issue and disputes that have engulfed the wireless handsets market and cannot imagine anyone winning other than lawyers. I am not blaming them, just noting that at the end all these companies will have to reach an "amicable" cross-licensing agreement but not before they've paid millions to lawyers.

stochastic excursion
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Stock Keeper
Re: Counterfeit parts and the patern laws.
stochastic excursion   11/15/2011 4:00:31 PM
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Marketing a product that is branded with another company's name without that company's permission goes beyond patent infringement.  Fraud and other criminal statutes cover practices such as this.  Then again, the kind of marketplace deception that is either condoned or illegal is very dependent on culture and longstanding practice. 

US patents are largely used to keep researchers who work for established businesses from taking their technology to other companies.  Unclear that the countries who participate in counterfeiting can benefit from such a system at present. 

To really protect start-ups and to avoid the dishonest use of the system, the patent system simply has to be smarter.  In this age where arbitration is used instead of litigation, it's surprising that technology-savvy third parties aren't used to register or certify IP.

Mr. Roques
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Supply Network Guru
Re: Make designs open to the world after you have recovered the development cost
Mr. Roques   11/15/2011 3:00:03 PM
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Whoa, I can't picture that, not even in a Disney movie. Promoting innovation is very important to maintain relevance in today's World but patents have not been the solution. I think they need to make patents more specific, require more details.

Himanshugupta
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Supply Network Guru
Re: Counterfeit parts and the patern laws.
Himanshugupta   11/15/2011 10:41:00 AM
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the crux of the problem is to identify the patent theft. Another problem is the law enforcement, as others also identified. Stricter law enforcement will not only help putting a stop on patent infringment but also benefit other copying/stealing of softwares, entertainment, healthcare products etc.

Eldredge
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Supply Network Guru
Re: Counterfeit parts and the patern laws.
Eldredge   11/15/2011 9:01:27 AM
NO RATINGS

@Mr. Roques - You are right, enforcement is the issue. And the burden of discovering infringement and enforcing the patent rests with the patent owner. Philosophically that makes sense - after all, who can recognize infringement better than the patent holder? But at the same time, the effort and cost one must use to discover and protect takes away from further investment in new technology.

Eldredge
User Rank
Supply Network Guru
Re: Make designs open to the world after you have recovered the development cost
Eldredge   11/15/2011 8:56:07 AM
NO RATINGS

@prabhakar - IBM doesn't adopt the strategy you propose across the board. In fact, for several years running, IBM generated the largest number of patents year over year in the same timeframe that the PC proliferation was occurring. They continue to place a high focus on patents.

Apple couldn't license their technology if they didn't own the IP.

Unfortunately, any assignment of property sometimes brings with it legal contention of ownership. But the purpose, as stated in the constitution, is "to promote the progress of science and the useful arts, by securing for a limited time to authors and inventors the exclusive right to their respective writings and discoveries."

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