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Protection of Intellectual Property by Legal and Factual Protection Means for Value Creation

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Entering the post-industrial age, knowledge has become an important asset for sustained competitive advantage – if not the most important. Defining intellectual property as a product of the intellect which is owned by an indi-vidual or an organization that can then choose to share it freely or control its use in certain ways punctuates the relevance of intellectual property and its protection. The growing momentum of emerging markets such as China, where intellectual property is difficult to protect, associated with an increased attraction for European companies to invest in production and R&D in the emerging economy cry for new strategies adapted to enhanced protection. The phenomenon of imitations originating from China has increased constantly during the past two decades, however, within the past ten years the scale of intellectual property theft has risen exponentially in terms of its sophistication, volume, the range of goods as well as the countries affected. Most notably, China's output of fakes was almost developed in parallel with legitimate manufacturing, producing and distributing with an estimated 65 to 70 percent of all fake goods in circulation worldwide. In 2005, EU Customs seized more than 75 million counterfeited and pirated products leading to the assumption that the production of fakes in large quantities is likely to continue, especially from China. The range of goods has also extended to various industries. For example, although textiles remain the most intercepted counterfeit product, the manufacturing and industrial goods industries constitute an increasing threat with regards to pirated products. According to a 2007 survey of the German Engineering Federation (VDMA), 67 percent of the respondents (manufacturing and industrial goods firms) claim to have suffered from product piracy. In 60 percent of the cases, entire machines were the target of imitation while in 42 percent of the cases, spare parts had been copied assuming that three quarters of the imitations originated from China. In this context, the protection of intellectual property and intellectual property rights remains a challenging task for industrial firms. Therefore, the develop-ment and elaboration of effective and solid protection strategies to obtain a value protection and creation by dint of legal and factual protection means, need to receive careful managerial considerations.
   
type book chapter (English)
   
keywords intellectual property, factual protection, china
   
book title Sicherheit zwischen Recht, Gesellschaft und Kultur
date of appearance 2008
publisher Staempfli Verlag (Bern)
ISBN 978-3-7272-2282-5
page(s) 31-44
citation Beckenbauer, A., & Zeschky, M. (2008). Protection of Intellectual Property by Legal and Factual Protection Means for Value Creation. In Sicherheit zwischen Recht, Gesellschaft und Kultur (pp. 31-44). Bern: Staempfli Verlag. - ISBN 978-3-7272-2282-5.