Counterfeiting in the People's Republic of China

Inhaltsverzeichnis (Table of Contents)

• 1 Introduction and Preliminary Remarks
• 2 Definition and Delimitation of Relevant Terminology
• 3 Impact of China's Counterfeiting Problem
  • 3.1 Negative Impacts of Counterfeiting in China
  • 3.1.1 Introductory Remarks
  • 3.1.2 Costs to the Right Holder
  • 3.1.3 Costs to Consumers and Potential Users
  • 3.1.4 Social Costs
  • 3.2 Positive Impacts of Counterfeiting
  • 3.2.1 Positive Impacts to Consumers and Local Economies
  • 3.2.2 Positive Impacts for Development and Innovation
  • 3.2.3 Positive Impacts for China's Political Environment
  • 3.3 Summary of Main Impacts and Evaluation
• 4 Analysis of economic, legal and political environment
  • 4.1 Insights of Contemporary China
  • 4.2 Drivers for Counterfeiting
  • 4.2.1 China's Transition Process and Economic Framework
  • 4.2.2 China's Enforcement Institutions and Legal framework
  • 4.2.2.1 Enforcement Institutions
  • 4.2.2.2 Legal Framework
  • 4.2.3 China's Political Framework
  • 4.2.3.1 Attitudes of the People's Government of PRC
  • 4.2.3.2 Local Protectionism and Development
  • 4.2.4 Summary
  • 4.3 Containment Options concerning Environmental Determinants
  • 4.3.1 Extensive Legal Protection
  • 4.3.2 Reforming China's IPR Enforcement System
  • 4.3.3 Improving China's IPR Legislation
  • 4.3.4 Lobbying and Encouraging Political Commitment
  • 4.3.5 Summary
• 5 Analysis of Suppliers on the Counterfeiting Market
  • 5.1 Attributes of China's Counterfeiters
  • 5.2 Drivers for Counterfeiting
  • 5.2.1 Unawareness of Statutory Provisions
  • 5.2.2 Financial Incentives
  • 5.2.3 Enabling Resources and Technical Knowledge
  • 5.2.4 Historic Insights and their Influence on the Perception of IPRs
  • 5.2.4.1 Attitude towards the "West"
  • 5.2.4.2 The Communist Era and the Perception of IPR
  • 5.2.5 Cultural Traits and their Impact on Contemporary Counterfeiting
  • 5.2.5.1 Confucianism
  • 5.2.5.2 Collectivism and other Cultural Dimensions
  • 5.2.6 Summary
  • 5.3 Containment Options
  • 5.3.1 Innovation and Constant Change of Product Attributes
  • 5.3.2 Anti-Counterfeiting Technologies
  • 5.3.3 Education and Deterrence of Counterfeiters
  • 5.3.4 Securing the Value Chain
  • 5.3.5 Co-Opting Preeminent Offenders
  • 5.3.6 Passive Measures
  • 5.3.7 Summary
• 6 Analysis of Consumers on the Counterfeiting Market
  • 6.1 The Consumer of Counterfeited Goods
  • 6.1.1 Introductory Remarks
  • 6.1.2 Attributes of Chinese Consumers who Buy Counterfeits
  • 6.2 Drivers for Counterfeiting
  • 6.2.1 Increased Consumer Rent
  • 6.2.2 Impact of Availability of Counterfeits on Purchase Intention
  • 6.2.3 Cultural Traits and Consumer Behaviour
  • 6.2.4 Sophistication of Chinese Consumers
  • 6.2.5 Perception of Wrongdoing and Unethical Behavior
  • 6.2.6 Anti-Big-Business Attitude
  • 6.2.7 Novelty Seeking and Risk Avoidance
  • 6.2.8 Summary
  • 6.3 Containment Options
  • 6.3.1 Matching Consumers' Needs
  • 6.3.2 Communication and Education
  • 6.3.3 Summary
• 7 Conclusions and Outlook
• 7.1 Conclusions
• 7.1.1 Recommendations for Companies
• 7.1.2 Recommendations for the People's Government of PRC
• 7.1.3 Recommendations for Chinese Consumers
• 7.2 Outlook
• 7.3 Concluding Remark

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This thesis explores the complex phenomenon of counterfeiting in the People's Republic of China. It analyzes the various impacts, drivers, and containment options related to the increasing prevalence of counterfeit goods in the country. The author aims to provide a comprehensive understanding of the issues surrounding counterfeiting in China, considering economic, legal, and political factors.

• The impact of counterfeiting on the Chinese economy and its stakeholders, including right holders, consumers, and the government.
• The drivers behind counterfeiting in China, encompassing economic transitions, enforcement institutions, legal frameworks, political dynamics, and cultural influences.
• The effectiveness of existing containment options and the exploration of new strategies to combat counterfeiting, focusing on legal protection, enforcement system reforms, and consumer education.
• The role of suppliers and consumers in the counterfeit market, examining their motivations, behaviors, and potential for influencing change.
• The challenges and opportunities in addressing counterfeiting in China, considering both short-term solutions and long-term strategies for sustainable change.

Zusammenfassung der Kapitel (Chapter Summaries)

The first chapter introduces the topic of counterfeiting in China and provides a brief overview of the thesis structure. The second chapter defines key terms related to counterfeiting, setting the stage for the subsequent analysis. Chapter three investigates the diverse impacts of counterfeiting on various stakeholders, analyzing both the negative and positive consequences.

Chapter four delves into the complex environment surrounding counterfeiting in China, examining the country's economic transition, legal framework, political climate, and cultural dynamics. It explores how these factors contribute to the prevalence of counterfeit goods. Chapter five focuses on the suppliers of counterfeit goods in China, analyzing their attributes, motivations, and the potential for addressing their involvement.

Chapter six examines the role of consumers in the counterfeit market, analyzing their motivations for purchasing counterfeit goods and exploring potential strategies to influence their behavior.

Schlüsselwörter (Keywords)

The core keywords and themes explored in this thesis include counterfeiting, Intellectual Property Rights (IPRs), China, economic impacts, legal framework, political environment, cultural influences, consumer behavior, containment options, and sustainable change. The work examines the dynamics of counterfeiting within the Chinese context, analyzing its various drivers, consequences, and potential solutions.