A Study on the Luxury Goods Counterfeiting in the View of theInfringement on Design Authenticity

I. C. Chen and Ching Chu Hung
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I. C. Chen: Kun Shan University, Tainan, Taiwan
Ching Chu Hung: Kun Shan University, Tainan, Taiwan

International Journal of Business and Economic Affairs (IJBEA), 2017, vol. 2, issue 6, 341-345

Abstract: The counterfeiting activity remains a major issue in the luxury goods market of China. The samples fromprominent international luxury goods are used and modi ed with identical design, material and pattern as to create aninexpensive version of the same luxury goods in order to generate pro ts from the market in China. This type of practicehas caused a tremendous impact on the luxury industry worldwide and at the same time it has led to a very seriousissue of infringement. The study aims at the resemblance and the controversy stirred up by the practice of counterfeitingluxury goods conducted in China. In the meantime, the Birkin from Hermes is used as the sample of the study alongwith ten luxury goods experts to discuss and to conduct the Delphi method so as to probe the legal issue generatedby the counterfeit Birkin in the Chinese market in terms of its likeness. As the result of the study, a high degree ofresemblance has been discovered between the counterfeit Birkin and the authentic one regarding the appearance, size,pattern and color. Conforming to the statement above, the study has applied the concept of design patent and trademarkcounterfeiting in the Intellectual Property Law of Taiwan to implement a further discussion. Furthermore, the study hasprobed the confusion of consumers caused by the difficulty in the recognition between the authentic luxury goods and thefake one and the standard and the civil remedies caused by infringement.Keywords: Business process, Bank performance, Islamic bank, Change management

Keywords: Design authenticity; Luxury goods counterfeiting; Copyright; Delphi method (search for similar items in EconPapers)
Date: 2017
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Citations: View citations in EconPapers (2)

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Persistent link: https://EconPapers.repec.org/RePEc:aya:ijbeaa:2017:p:341-345

DOI: 10.24088/IJBEA-2017-26003

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