Explain the role of intellectual property rights in foreign market contractual strategies. What constitutes the infringement of intellectual property?
What will be an ideal response?
Intellectual property rights (IPRs) are the legal claims that protect the proprietary assets of firms and individuals from unauthorized use by other parties. They derive from patents, trademarks, copyrights, and other protections associated with intellectual property. IPRs provide inventors with a monopoly advantage for a specified period of time, so they can exploit their inventions not only to recoup their investment costs and create commercial advantage, but also to acquire power and market dominance free of direct competition. The availability and enforcement of these rights vary from country to country. Without such legal protection and the assurance of commercial rewards, most firms and individuals would have little incentive to invent.
Infringement of intellectual property is the unauthorized use, publication, or reproduction of products and services protected by a patent, copyright, trademark, or other intellectual property right. Such a violation amounts to piracy and takes the form of production and distribution of counterfeit goods. For example, annual piracy losses in CDs and music exceed $100 million in Brazil, and losses in business software exceed $1 billion in Russia.
Counterfeiters may use a product name that differs only slightly from that of a well-known brand; it is similar enough that buyers associate it with the genuine product but just different enough so that prosecution is hampered. While firms such as Rolex and Tommy Hilfiger are well-known victims, counterfeiting is also common in such industrial products as medical devices and car parts. Counterfeiters even have faked entire motor vehicles. Authorities uncovered 23 unauthorized Apple stores in southeast China, selling fake iPads and counterfeit smartphones.