USA - Counterfeiting & Trademark Infringement Report, 2018

USA - Counterfeiting & Trademark Infringement Report, 2018

Report Description

The risks involved in counterfeiting activities have reduced a lot with so many technological upgradations and even on the legal perspective. The penalties for counterfeiting are not very high in most of the countries and in some countries, there are no penalties as well. This benefits the counterfeiters. Even though intellectual property enforcement is quite strong in many countries but they still tend to consider counterfeiting as less significant crime. But as the risks and economic damages involved in counterfeiting has increased a lot lately the appropriate authorities in various countries are trying to enforce such frameworks that would help the government to curb the illicit act of counterfeiting.

USA- -Counterfeiting and Trademark Infringement Report, 2018 focuses on greatest challenges faced by the law enforcement agencies regarding illicit trade and intellectual property crimes. These crimes have generated serious economic challenge along with social and environmental harm. The illegitimate acts also have a bad impact on the overall growth of the businesses. The illicit value chains and free trade zones make it easier for the counterfeiters to trade in fake goods without any fear of being caught.

The report has done an in-depth analysis of the legal frameworks that deal with the problem of counterfeiting. The report specifies various provisions that impose civil and criminal enforcements on the illicit traders that infringes the trademark of the brands. It has explained how new technologies have provided many avenues to the criminal for disseminating fake goods in USA without any fear of getting caught by the authorities.

The increasing use of e-commerce has made it difficult to spot the counterfeit products online. The individual packing has made is impossible to catch the fake goods entering the US borders. The report has mentioned and explained the relevance of customs, and the authority they have while dealing with counterfeit products.

The report has provided an all-inclusive insight that deals with counterfeiting and along with that it gives various recommendations that are valuable for the brand owners. The recommendations are a mix of social, technological, legal and economical aspects related to counterfeiting in online and offline space.

Losses incurred in 2017 due to Counterfeiting amounts to $1.2 Trillion

Table of

Contents

Table of Contents

  1. Executive Summary
  2. Scope and Approach
    1. Background – The Era of Flat world & Connected World
    2. Definitions & Terminologies
  3. USA Counterfeiting Perception Index
  4. The Market Size of Counterfeit Goods in USA
    1. By Value
    2. By Industry
  5. Sales Medium of Counterfeit Goods in USA
    1. Markets 
    2. Online Medium
      1. E-Commerce
      2. Social Media
  6. International Agreements on Intellectual Property Rights
    1. Trade Related Aspects of Intellectual Property Rights, (TRIPS)
    2. Anti-Counterfeiting Trade Agreement
  7. Analysis - Secondary Liabilities
    1. Auction Sites
    2. Internet service providers
  8. Legal Analysis - USA
    1. Lanham Act, 1946
    2. Trademark Counterfeiting Act of 1984
    3. Anti-counterfeiting Consumer Protection Act of 1996
    4. Stop Counterfeiting in Manufactured Goods Act. 2006
    5. Racketeer Influenced and Corrupt Organizations Act, 1970
    6. Tariff Act, 1930
    7. The Trade Facilitation and Trade Enforcement Act, 2015
    8. Internal Revenue Code, 1986
  9. Issues Analysed
    1. Trademark Law
    2. Custom & Border measures
    3. Criminal Liabilities & Penalties
    4. Civil Enforcements
    5. Online Counterfeiting
    6. Anti-Counterfeiting
  10. Recommendations for Anti- Counterfeiting in USA

List of

Graphs

List of Graphs

  1. Economic Value of Losses Suffered due to Counterfeiting (USD Billion), 2001-2020
  2. Economic Value of Losses due to Counterfeiting in Selected Sectors (USD Billion), 2002-2020
  3. Shares of seizures by IP-infringing category (Percentage), 2017
  4. Number of Internet Users Globally (Millions), 2005-2017
  5. Growth in Estimated Value of Counterfeited Goods (Billion USD), 2008-2017
  6. Global Merchandise exports and Imports (USD Trillion), 1960-2017
  7. Value of Seized Goods by Reporting Economy (USD Million), 2017
  8. Average Percentage Share of global physical counterfeiting(Percentage), 2011-2017
  9. Total Annualized Outsourcing Contract Value and its Growth From (USD million), 2013-2017
  10. Share of Companies that Outsource by Sector(Percentage), 2017
  11. Distribution of the Countries as per Income Level (Percentage), 2017
  12. Share of endorsed celebrity follower’s in Countries as per the Region (Percentage), 2017
  13. Distribution of Targeted Audience by Income Level(Percentage), 2017
  14. Average Age of Luxury Brand User by Region (Year), 2017
  15. Average Age of Luxury Brand User by Income Group (Year), 2017
  16. Budget to reach potential customer of Luxury Brands on Social Media (per Day in USD), 2017
  17. Market Size of Global E-commerce Business(USD Billion), 2012-2017
  18. Most Frequent Brand Name Used in online Counterfeiting(Percentage), 2017
  19. Top five countries involved in online sales of counterfeit items (Percentage), 2017
  20. Share of Authenticated and Illicit Post on Social Media (Percentage), 2017
  21. Share in Mode of Communication on Social Media Counterfeiting (Percentage), 2017
  22. Distribution of Leading Uses of 3D Printing(Percentage), 2015- 2017
  23. Number of 3D Printer Shipment (Million), 2013-2017
  24. Route Map of Source and Destination of Counterfeit Clothes and Textile, 2017
  25. Route Map of Source and Destination of Counterfeit Footwear, 2017
  26. Route Map of Source and Destination of Counterfeit Cosmetics and Perfumes, 2017
  27. Route Map of Source and Destination of Counterfeit Leather Articles and Handbags, 2017
  28. Heat Map of Source, Destination and Transit points of trade in illicit goods, 2017
  29. Number of Trademark Application and Registration in USA (Thousand), 2007-2017
  30. Blueprint of TAG Heuer Mikrograph Caliber 560, 2017
  31. Global Market Share of Logistic Services (Percentage), 2017
  32. Evolution of the global personal goods luxury( Billion Euro), 2012-2017
  33. Penetration of Countries in online luxury sales globally (Percentage), 2017

Countries Analysed

United States of America

A Complete Analysis of USA Laws

Laws

Analysed

International, National and Regional Laws

International Agreement-

  1. Trade Related Aspects of Intellectual Property Rights, (TRIPS), 1995
  2. Anti-Counterfeiting Trade Agreement, 2012
  3. EU E-commerce Directive, 2000
  4. EU Customs Regulation, 2007

USA-

  1. Lanham Act, 1946
  2. Trademark Counterfeiting Act of 1984
  3. Anti-counterfeiting Consumer Protection Act of 1996
  4. Stop Counterfeiting in Manufactured Goods Act. 2006
  5. Racketeer Influenced and Corrupt Organizations Act, 1970
  6. Tariff Act, 1930
  7. The Trade Facilitation and Trade Enforcement Act, 2015
  8. Internal Revenue Code, 1986
International, National and Regional Laws

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