Genuine Goods Research Articles

POSIDONIUS ON VIRTUE AND THE GOOD

AbstractThis paper argues that despite recent tendencies to minimize the differences between Posidonius and the Early Stoics, there are some important aspects of Stoic ethics in which Posidonius deviated from the orthodox doctrine. According to two passages in Diogenes Laertius, Posidonius counted health and wealth among the goods and held that virtue alone is insufficient for happiness. While Kidd in his commentary dismissed this report as spurious, there are good reasons to take Diogenes’ remarks seriously. Through a careful analysis of the sources, in particular of Galen's De placitis Hippocratis et Platonis, this article offers a new interpretation of Posidonius’ ethics. It sheds light on Posidonius’ theory of virtues and shows that Posidonius must have granted a special status to things like health and wealth even if he did not regard them as genuine goods.

FOX GROUP INTERNATIONAL LTD v TELETA PHARMA LTD

H1 Trade Marks — European trade marks — REVOLAX — Invalidity — Bad faith — Application for registration made by UK exclusive distributor — Term of distributorship agreement that manufacturer owned the trade mark — Parallel imports from within the EU — Genuine goods — Importation — Threats

CJEU clarifies that destruction of goods may be claimed irrespective of infringement type

Abstract The Court of Justice of the European Union (CJEU) has recently ruled that the right to claim destruction of goods applies to all goods that infringe IP rights. The CJEU clarified that destruction may be sought not only of counterfeit goods but also of genuine goods that are placed on the European Economic Area market without the consent of the IP proprietor.

An Evaluative Study of Criminalistics: A Case of South African Counterfeiting and Knock-Off Menace

Counterfeit goods are a health hazard to human life, environment and business. More so as the goods destroy the viability of legitimate businesses across the world. Counterfeit goods are characterized as a threat to the financial viability of legitimate businesses and has a dire impact on the tax revenue of countries, necessitating its effective and efficient policing for the financial wellbeing of countries. If not well managed, counterfeit goods could lead to unemployment, disinvestment and capital flight in countries. The available evidence reveals that even though counterfeit goods has dire consequences for the economic wellbeing of countries, its penalties in most African countries are less severe in comparison to penalties for other crimes. The sight of counterfeit goods in many places, such as on busy street corners and transportation terminals in the Southern parts of Africa, attests to its prevalence in the continent. Especially in South Africa as the country has become a transit point for contrabands. Post 1994, South Africa opened its borders to the world of branded and protected goods and this enabled rogue people to trade in counterfeit goods. Effective policing is hindered by the use of sophisticated skills and expertise that leads to counterfeit goods resembling genuine goods. Moreover, in South Africa, the problem persists despite the promulgation of the Counterfeit Goods Act 37 of 1997, thus questioning the effectiveness of the policing strategies in use to quell the problem.

“A Fit Companion for a Woman of Sense”: Jane West’s Re-Education of Masculine Norms in Letters Addressed to a Young Man (1802) and The Infidel Father (1802)

ABSTRACT Jane West’s novel, The Infidel Father (1802), carefully undercuts traditional norms, including the usual focus of the didactic novel – making a woman a fit companion for a man of sense. Traditionally considered an anti-Jacobin novelist, Jane West's contributions to the social and political debates of the Revolutionary era are being reevaluated. Known primarily for her fiction, she also wrote conduct books – including one for young men -- which, as a writer of fiction, gives additional clues to the stakes of her writing on men. Letters Addressed to a Young Man on his First Entering Society (1801) and The Infidel Father (1802) are a productive pairing for exploring West'srecalibration of contemporary British masculinity. These texts are in dialogue with earlier manuals of advice, especially Chesterfield’s Letters in their rejection of duplicitous courtliness and a preference for honesty in both public and private matters. The novel presents everything that is wrong with masculinity in the figure of the Infidel Father and invests the hero with a masculinity that is less performative and more informed by genuine feeling and goodness. Read together, they show West’s blueprint for a different kind of Englishman and, by extension, English family and English nation.

The Exclusive Rights of Licensees in Parallel Import Practices

Parallel imports are one of the most interesting and unique phenomena of international trade. On one hand, it applies competition law, while on the other, trademark law and the customs law also apply in this activity. Parallel imports occur when genuine goods are imported in parallel (concurrently) to goods imported by a licensee. These parallel imports are then sold at a cheaper price than that of the goods of the licensee. This parallel import activity is inconsistent with the exclusive rights that the licensee receives under the licensing agreement it makes with the owner of the trademark. This exclusive right is essentially monopolistic, entitling the licensee to prevent all parties with the commercial intention of selling the same or similar goods as their own. However, the right to monopoly is limited for the sake of a fair competition. The licensee can sue to get compensation in parallel importation base on unjust enrichment principle. Moreover, parallel importation can be inhabited by enforcing procedural and administration regarding import of goods such as, Indonesian national standard and label in bahasa

Talking about my generation: How values shape luxury consumption

Literature suggests that when shopping for luxury goods, consumers arbitrate between genuine and fake luxury goods, with younger consumers being more likely to arbitrate in favor of luxury fakes because of their lower income and different values. We challenge this alleged influence in the United Arab Emirates (UAE), a country where access to luxury can be controlled for, and generations differ in values following 1990s’ meteoric takeoff. Drawing on the functional theories of attitudes, a qualitative study shows that luxury consumption does not serve the same psychological functions for the pre-boom (born before 1990) and the post-boom generational cohorts in the UAE. As such, it demonstrates the power of values when explaining the trade-off between genuine and fake luxury goods, as values can explain both a current negative influence of age on counterfeit consumption in Western countries and a positive one in the Middle East. The findings are interesting for public policy makers and managers operating in the Gulf Cooperation Council countries.

Choosing between Genuine Luxury Products and Counterfeits in China

ABSTRACT We examine the changing attitudes toward genuine and counterfeit luxury goods in China that influence the choice between purchasing fake vs. genuine luxury goods. A questionnaire is used to collect data from Chinese college students in two different cities in China. Exploratory factor analysis and logit models are used to explore perceptions and purchasing patterns of college-aged Chinese consumers with regards to genuine luxury goods. We find that having a positive attitude toward China is associated with owning genuine luxury goods whereas being fashion oriented has the opposite effect.

Pengaruh Religiusitas Terhadap Perilaku Distribusi Dan Perilaku Konsumsi Pedagang Muslim Di Kota Medan

This research was motivated by a phenomenon that researchers still found in the field where there was still a deviation in the value of religiosity in the merchant's business behavior, for example lack of weighing of goods and incompatibility of sample items in the catalog provided for buyers with genuine goods for sale . This study aims to examine whether religiosity in the aspects of aqeedah, worship, sharia and morals affect the behavior of distribution traders and consumption behavior of Muslim traders in the city of Medan. This research is quantitative. Data collection uses a list of questions distributed to 100 Muslim traders whose business scale is classified as micro and domiciled / business location in the city of Medan. Data analysis uses the method of Multiple Linear Regression Analysis and Descriptive Analysis. The results showed simultaneously (F test), religiosity significantly affected the distribution behavior and consumption behavior of Muslim traders. Partially (t test), the religiosity of the moral aspects significantly influences the distribution behavior, while the religiosity of the aqeedah, worship and sharia aspects does not significantly influence the distribution behavior of Muslim traders.

Counterfeiting in digital technologies: An empirical analysis of the economic performance and innovative activities of affected companies

This study analyses empirically the effects of counterfeiting on the economic and innovation performance of firms, exploiting a novel and unique dataset that integrates information on custom seizures worldwide during years 2011–2013 with financial accounting data, patent and trademark data for a sample of digital technology companies. We apply diff-in-diff models using a large control sample of non-affected firms. Results provide robust evidence that counterfeiting is associated to a negative impact on operative margins of affected companies, relative to the control sample. The analysis does not find conclusive evidence on the effects of counterfeiting on the innovation activities of affected companies. We find no evidence in support of the hypothesis that counterfeiting could also exert an indirect positive effect on the sales of genuine goods.

The Parallel Goods of Knowledge and Achievement

This paper examines what it takes to be the intrinsic human goods of knowledge and achievement and argues that they are at many points parallel. Both are compounds, and of parallel elements: belief, justification, and truth in the one case, and intentional pursuit, competence, and success in the other. Each involves a Moorean organic unity, so its full presence or value requires a connection between its elements: an outside-in connection, where what makes a belief true helps explain why it’s justified, for knowledge, and an inside-out connection, where what makes a pursuit competent helps explain its success, for achievement. The features that determine the degrees of value of instances of the two goods, or make some truths more worth knowing and some goals more worth achieving, are also similar, turning in both cases largely on two forms of generality. And more specific goods that follow from valuing generality, such as integrated understanding and complex, difficult achievement, mirror each other structurally. Taken together, these many parallels suggest that knowledge and achievement may both instantiate a more abstract value of rational connection to reality. With or without that deeper unification, the parallels strengthen the claims of both to be genuine goods.

The economic value and determinants of tourists’ counterfeit purchases: The case of Hong Kong

Counterfeiting of fashion brands is a multi-billion dollar industry with an increasing number of goods being counterfeited. This research takes a demand-side approach to measuring counterfeiting activity among tourists in Hong Kong. Non-deceptive counterfeit purchases by tourists in Hong Kong amount to US$761.32 million per year. Tourists’ decision of whether to purchase counterfeit goods depended on a mix of extrinsic and intrinsic factors including psychometric variables, trip-related characteristics, and sociodemographics. Lowering the prices of genuine goods and explaining the risks of purchasing counterfeit goods would be the most effective anti-counterfeit measures. However, lowering the price of genuine goods can diminish the brand image of these luxury items.

Mauritian Supreme Court confirms national exhaustion of IP rights

Unilever PLC v Matrix Impex Ltd, Supreme Court (Commercial Division) of the Republic of Mauritius, 23 November 2017, 2017 SCJ 427 The system of national exhaustion was first recognized by Mauritian courts in 2012 and since then right holders have consistently enforced their rights against parallel imports in different situations. Mauritius follows a system of national exhaustion whereby owners of trade marks and designs can take action against parallel imported goods. Unless a product bearing a trade mark or a design is placed on the market by the registered owner or with his consent, it will be deemed to infringe the rights conferred to the registered owner of the mark as provided by sections 32(3) and 40(5) of the Patents, Industrial Designs and Trade Marks Act 2002 (PIDTA 2002). The general misconception among traders is that they consider themselves free to import genuine goods into Mauritius, as those goods are often cheaper abroad.

Monitoring and Limiting Deceptive Counterfeiting: a Two-Stage Model

Over past decades, deceptive counterfeits which cannot be recognized by ordinary consumers when purchasing, such as counterfeit cosmetics, have posed serious threats on consumers’ health and safety, and resulted in huge economic loss and inestimable brand damages to the genuine goods at the same time. Thus, how to effectively control and eliminate deceptive counterfeits in the market has become a critical problem to the local government. One of the principal challenges in combating the cheating action for the government is how to enhance the enforcement of relative quality inspection agencies like industrial administration office (IAO). In this paper, we formulate a two-stage counterfeit product model with a fixed checking rate from IAO and a penalty for holding counterfeits. To minimize the total expected cost over two stages, the retailer adopts optimal ordering policies which are correlated with the checking rate and penalty. Under certain circumstances, we find that the optimal expected cost function for the retailer is first-order continuous and convex. The optimal ordering policy in stage two depends closely on the inventory level after the first sales period. When the checking rate in stage one falls into a certain range, the optimal ordering policy for the retailer at each stage is to order both kinds of products. Knowing the retailer’s optimal ordering policy at each stage, IAO can modify the checking rate accordingly to keep the ratio of deceptive counterfeits on the market under a certain level.

Tracking Trafficked Antiquities

The primary aim of this paper is to relate the results of a test conducted by the authors designed to evaluate an idea proposed by Alexander (2008). He suggested creating facsimiles of archaeological artifacts and embedding them with tracking devices such as Radio Frequency Identification Devices (RFID). The duplicates would then be stolen or otherwise given to looters thinking them the genuine articles. By moving the tracked artifacts with genuine goods, the culprits would then unwittingly betray the location of their warehouses and trade routes.

Aquinas and the Natural Law

Recent decades have seen a shift away from the traditional view that Aquinas's theory of the natural law is meant to supply us with normative guidance grounded in a substantive theory of human nature. In the present essay, I argue that this is a mistake. Expanding on the suggestions of Jean Porter and Ralph McInerny, I defend a derivationist reading of ST I-II, Q. 94, A. 2 according to which Aquinas takes our knowledge of the genuine goods of human life and their proper ordering to one another to be self-evident only to the wise who are able to discern the truth about our God-given human nature. I then show that this reading provides a better account of Aquinas's view than two recent alternatives: John Finnis's brand of inclinationism and Daniel Mark Nelson's virtue-based interpretation.

Jangkauan Wilayah Pelayanan Pasar Tradisional Somoroto di Kecamatan Kauman Kabupaten Ponorogo

<p class="Abstract">Pasar tradisional merupakan tempat perdagangan asli yang masih mempunyai ciri-ciri perdagangan tradisional sesuai dengan budaya lokal. Dengan semakin banyaknya perubahan pada pemenuhan kebutuhan masyarakat, maka barang dagangan yang diperjualbelikan di pasar tradisional tidak hanya barang asli setempat saja. Banyak barang dagangan yang berasal dari daerah lain dan bahkan berasal dari produk industri skala besar. Penelitian ini bertujuan untuk mengetahui jangkauan wilayah pelayanan Pasar Tradisional Somoroto Kecamatan Kauman, Kabupaten Ponorogo dengan menggunakan mix method: deskriptif kuantitatif dan kualitatif dengan empat analisis. Pertama, analisis mekanisme atau proses jual beli barang. Kedua, analisis pemilihan lokasi pedagang dan pembeli dalam berbelanja di Pasar Tradisional Somoroto. Ketiga, analisis asal pedagang dan pembeli. Keempat, analisis jaringan pelayanan pasar tradisional Somoroto. Hasil dari penelitian ini adalah sebagai berikut: pertama, sebagai tempat koleksi distribusi komoditas, pasar tradisional Somoroto mempunyai jenis komoditas dan lingkup layanan yang berbeda-beda. Kedua, barang dagangan kebanyakan masih di import dari luar wilayah Kecamatan Kauman dan Kabupaten Ponorogo. Ketiga, mekanisme jual beli yang mencirikan budaya lokal seperti “nempur”, “ngutang” dan “nempil” masih berlaku. Keempat, alasan pemilihan lokasi di pasar tradisional bukan semata-mata harga yang murah, melainkan karena adanya ikatan untuk melakukan interaksi sosial.</p><strong></strong>

Impact of Consumer Beliefs and Past Purchase Experience on Consumer Perceive Similarity between The Counterfeit and Genuine Goods

Impact of Consumer Beliefs and Past Purchase Experience on Consumer Perceive Similarity between The Counterfeit and Genuine Goods

Parallel imports and summary judgment: Oracle v M-Tech in the Supreme Court

The Supreme Court of the United Kingdom has restored a summary judgment against a parallel importer of genuine goods from outside the European Economic Area (EEA) by striking out competition and free movement ‘Euro-defences’. This allows brand owners to enforce more efficiently their right to object to the parallel importation of such goods.

Copyright in logos and exhaustion of rights under the first sale doctrine in grey markets

Pheh Hoon Lim is a senior lecturer at the Auckland University of Technology in New Zealand, where she specialises in IP law, particularly copyright law and digital technology.With the internet's seamless distribution channels for cheaper grey goods, price arbitrage continues to be a lucrative business for parallel importers posing challenges for copyright owners. As trade mark law does not bar the marketing of genuine goods, right owners have resorted to the copyright route in alleging infringement of these non-counterfeit parallel imported goods. National copyright laws with importation bans have morphed intellectual property rights into trade protectionism to stifle competition in the same markets.This article focuses on cases revolving around copyright in logos to compare the courts' approaches in Australia and Canada, and the United States' position that hinges on the complicated interplay among three sections in 17 U.S.C § 602(a)(1), § 106(3) and § 109(a) relating to the importation prohibition, the exclusive distribution right and territorial exhaustion of owners' rights.Tension over the unsolved question on whether the defence should apply to goods manufactured and acquired lawfully from abroad saw an equally divided Supreme Court in Costco Wholesale Corp v Omega S.A. The outcome in Wiley v Kirtsaeng further demonstrates well the spectres legislation can create as outsourcing becomes even more attractive (and recognised by courts as untenable) and now overshadowed by yet another spectre that threatens the demise of the first sale doctrine.