SEMA eNews, Vol. 8, No. 45 - November 16, 2005

GOVERNMENT/INDUSTRY HOLDS ANTI-COUNTERFEITING SUMMIT AND ANNOUNCES NEW INITIATIVES

SEMA took part in the “Anti-Counterfeiting and Piracy Summit: STOPing the Theft,” held on November 10 in Washington and sponsored by the U.S. Chamber of Commerce. It was an opportunity for industry and government to discuss anti-counterfeiting efforts so as to work more closely in partnership.

Carlos Gutierrez, Secretary of the Department of Commerce, announced that the Commerce Department has launched a new China Intellectual Property Rights (IPR) Advisory Program which will allow U.S. small- and medium-sized enterprises (SME) to request free, one-hour consultations with an experienced volunteer attorney to learn how to protect and enforce intellectual property rights (trademarks, patents and copyrights) in China. The program seeks to:

Help American businesses understand the steps they must take to develop an intellectual property protection strategy for the Chinese market;

Help U.S. companies facing China-related IPR disputes pursue resolution to their problems;

Reinforce the message that it is essential for U.S. companies to take action to protect and enforce their IPR in accordance with China’s civil, administrative and criminal laws, and that failing to act can have devastating consequences for future business.

Information on how to use the SME China IPR Advisory Program is located on U.S. Department of Commerce websites: www.export.gov/China and www.Stopfakes.gov.

In other news, Attorney General Alberto Gonzales announced introduction of the “Intellectual Property Protection Act of 2005." The attorney general said that the legislative proposal, if enacted, would increase penalties for IP crimes, expand protections, add tools for enforcement, and increase penalties for exporting counterfeit goods, as well as importing them. Among other actions, the legislation would clarify that registration of a work with the U.S. Copyright Office is a prerequisite only for a civil action, not for a criminal action. It would also create a new crime regarding attempts to infringe a copyright, as opposed to the actual infringement of a copyright, which is already illegal. The legislation would also clarify that importing or exporting counterfeit copies is subject to civil and criminal action.

Government officials also noted success in the “Strategy Targeting Organized Piracy” (STOP!) program begun in 2004. A number of federal agencies have organized a coordinated attack on the global trade in counterfeit merchandise, including auto parts. A hot line (866/999-HALT) provides companies with a one-stop-shop on information and government resources available to help businesses protect and enforce their intellectual property (trademarks, patents and copyrights) overseas. Companies registering trademarks with the U.S. Patent and Trademark Office (USPTO) are also reminded to record the mark with the Bureau of Customs and Border Protection to ensure effective enforcement against counterfeit imports. An Office of Enforcement has also been established at the USPTO which will work with the Commerce Department to help foreign countries police and enforce intellectual property (IP) rights. The Commerce Department has also set up a special unit to track down IP thieves around the world.

Summit participants included the Coalition Against Counterfeiting and Piracy (CACP) (www.thecacp.org) which is comprised of 104 trade and professional associations, corporations and small businesses, including SEMA. The mission of the CACP is to increase the understanding of the negative effects of counterfeiting and piracy by working more closely with Congress and the federal government.

Details: Stuart Gosswein at stuartg@sema.org.

 

Hope the new strict laws don't come any time soon because I was thinking of getting the Rota Boosts within a few months. I think technically they are knockoffs .

 

street concepts must be sweating. LOL

 

Kind of sad because there alot of companies out there that produce quality products even though they may be copied.

 

LOL

 

Well, I for one certainly hope original manufacturers will take advantage of the legislation and help that's offered to them to combat copycat products, especially those originating from China. SARS, Avian Flu and copycrap products. What will come outta there next?

 

Im all for it...i cannot stand copycay products. If one has to buy replicas they obviously cannot afford to be in the game......shame on companies for biting with no originality and shame on people for supporting these immitators. Buck up and buy the real deal or go home.

Rant over.

 

i was about to say, there goes street concept.

 

I have a question for you specifically. I know of two Japanese bodykit companies that have shifted much of their production to non-Japanese factories. Would something like that bother you? I mean, the fitment and quality is still relatively the same as those made in Japan but the cost to consumer ends up being 25% to 40% less. Would you still buy it? This kind of shift in production facility would alleviate the appeal of copycat products, especially in the styling segment.

 

From my experience, Toyota cars that are built in the U.S. have more issues than the ones built in Japan. Quality contol can only do so much.

Quality issues aside, I'm really happy this is happening. Companies like Street Concepts, SEIBON, and many others like them are making a killing by stealing designs and selling the counterfeit copies. The price issue comes up alot but if these companies wanted to become legit, they could simply come up with their own designs and they could price them at whatever they want.

 

Counterfeit copies are great for the consumer and have some good to all involved! The copied company loses initial sales but gains a "high end" or "real" appeal from lots of people that have been burned by bad quality or poor fitting items. The copier company gains initial sales at first, but gets tagged as a "copy cat" or "design theif". This balance does not require legislation or enforcement, as the bad copy cats usually burn themselves out of buisiness. The companies that have a great copy with very high quality are what danger the originator biz., and hurt these great companies that have spent millions on R&D to bring a product to market just to have it duped and sometimes even improved. For us the consumer this is all good as we only bennefit from all types of competion from price to quality...in the end the consumer always wins! JMO

 

Good To Hear!!!!!!!!!

 

Problem is the consumers love it. I think it would be great to have.. I mean one company puts in all the R&D to a product.. then another just copies it exactly and sells for a lot less.

 

Regardless of whether or not the copycat product is good or bad, it's still a crime. Put yourself in the original manufacturer's shoes. You put in resources, time and effort into a designing a product. Then you spend more resources, time and effort in creating a brand. And even more resources, time and effort on marketing the product and distributing it. Then some a-hole copycat company makes a complete and utter copy of your product, calls it a "Type ___" kit and sells it for 1/2 the price. How would that make you feel? I recall not too long ago, a company posted pictures of the new Ings kit and was "feeling out" if anyone would be interested in buying copies. Come on now. That's shady *** business man.

Consumerism is one thing. Business ethics, copyright, intellectual property and adherence to the law are another ball of wax. Obviously, as consumers, you don't have to worry about it but at the end of the day, what you do as a consumer shapes what will happen tomorrow with manufacturers. If they invest, then they are entitled to and expect a return on that investment. If they don't see a return because of all these copycats, then they'll just stop investing altogether and move on.

Personally, I don't buy copycat products. Regardless of how minute or inconsequential a part may be, I still buy reputable branded products from reputable shops. No eBay (99% full of crap products), no Chinese made knock off BS. Even if it only gives me peace of mind knowing that I purchased a product with some thought behind it, I do it.

As for everyone else, it's your wallet. Spend as you will.

 

Hahah... come on now... 1/2 of these (probably more) can't even speak English properly, but if you speak Chinese you're set. How can you expect them to come up with their own designs? They sure as hell aren't going to hire a designer from Art Center to do it, more so considering how cheap they tend to be