Counterfeiting is looked at differently in US and in China. As a large contributor to the Chinese GDP the Chinese government looks the other way when it comes to enforcing intellectual property infringement. The Industry and Business Administration are in charge of regulating intellectual property infringement in China. When reports are filed the Industry and Business Administration will contact the police to enforce the law. The police will not do much about it because counterfeit software and products provide the people of China with affordable necessity. On the other hand, Intellectual property is heavily protected in the U.S. By filing Patent, Copyright or Trademark individuals are able to protect their property and have the right to sue people are producing their products. The Federal Fraud Department is in charge of investigating these cases. China’s police force is not able to do enforce the laws in the rural areas, where most of the counterfeiting happens. The police in those areas are understaffed and lack the technology to gather evidence.
Counterfeits are looked upon differently in these two countries and thus have different retail regulations. In the U.S. retails need to get permission from the manufactures to shelf their products and because of this they are not able to sell counterfeit products. In China, retailers need a license and certificate to run their store, but they are allowed to house and sell counterfeit products. The Patents, Copyright and Trademarks allow manufactures to sue stores that sell counterfeits, but since China does not protect these property rights retailers in China are able to sell counterfeits.
Three types of counterfeiting
First type of counterfeit: replica the logo or trademark:
In this type, people replica the product of those registered brands with exactly the same logo and trademark on it.
In America:
Trademark Counterfeiting Act of 1984: This law makes it illegal to