IP Docketers

IP Counterfeiting

Avoid Copying That IP! Counterfeit And Illegal Software.

The notion of “victimless crimes” applies to piracy and IP Counterfeiting. However, there are victims even when pirating or IP Counterfeiting, a very lucrative commodity like software, may not be aggressive or physically destructive. Additionally, the damage done may go far beyond only software engineers.

The unfortunate distinction of being the most frequently counterfeited product category belongs to clothing. This is particularly true in footwear, with garment suppliers losing nearly USD 26 billion in direct sales to fakes in 2020. But in our technologically advanced society, fake software poses significant hazards. Therefore, we need a thorough understanding of the issue to address it and protect the underlying Intellectual Property (IP). Starting with the distinction between counterfeit and pirated software

Get more information about our IP Defense offerings!

What separates software that has been tief from bogus software?

The violated rights and the way the counterfeit items were packaged and distributed distinguish these IP counterfeit products.

The “kinder, softer” kind of good fraud: piracy

Software piracy refers to the usage of unlicensed or illicit copies of computer programmes. Using software that requires the appropriate licence is part of this. In 2018, the most recent year for which data is available. 37% of all software used was not approved, according to the Business Software Alliance (BSA) Global Software Survey.

It’s crucial to remember that pirating programmes or applications always prevents software firms from receiving revenue. And it is not always associated with resale. Illegal downloads of copyright-protected software are possible. And used only for personal use or pirated and distributed for free.

Any picture, audio, or text components found in pirated software will likely infringe on copyright laws. And many jurisdictions also protect the product’s underlying code. However, piracy can only be compared to patent infringement if an active software patent covers the programme in the US, EU, and other nations. As a result, each jurisdiction above has tight eligibility rules for this kind of IP.

The wolf in sheep’s clothes of IP Counterfeiting

In contrast to its pirated version, IP Counterfeiting software is sold illegally by individuals who pass it off as real work from the original author. The products being marketed as IP counterfeiting may be stolen commodities or wholly fake, created by dishonest software engineers to more closely. The performance, appearance, and user experience should mimic the originals as closely as possible.

Passing off fake goods as real ones qualify. This behaviour is IP counterfeiting and may add trademark infringement to the list of IP violations. A counterfeiter violates trademark law and copyright, and patent laws. It occurs if they imitate packaging, branding, or labelling covered by (un)registered trademarks (if applicable).

Consumer risk and financial harm

Pirated or IP! Counterfeit software helps fuel the black market economy by removing customers from reputable companies. And giving money to criminal organisations. While phoney software is less standard than fake clothing, it costs a lot to legitimate producers and distributors. According to BSA data, even seemingly unimportant things like failed software licencing agreements cost the sector at least USD 46 billion globally.

Like Microsoft and Google, giants in the software sector can typically withstand piracy costs. And counterfeiting and continue to operate, but they are a small minority. Midsize and small businesses in the industry, as well as independent software developers and designers of mobile apps, stand to lose a great deal. The loss of revenue from IP infringement may result in workforce reductions or even business failure. The prevalence of piracy and counterfeiting may deter entrepreneurs from joining the market. And push investors away from cutting-edge firms.

The effect on the buyer follows naturally. People who purchase IP tacitly accept several risks. Such as subpar performance, problems, deterioration with time, and a lack of upgrades and support! Goods that are counterfeit or pirated without being misled (i.e., who are aware they are buying something false). But underhanded counterfeiting victims are frequently seduced by convincing deception and low prices. And they are unaware that they are purchasing a fake item.

Whatever the situation, using illicit software poses a further dangerous risk. Any malicious programme can be a very efficient malware delivery strategy. It may obliterate users’ files, take control of their systems for evil purposes, steal their identities, or even hold their data for ransom.

IP! Counterfeit safeguards to combat software crime

Piracy will continue to be an awful reality for software creators worldwide due to the prevalence of internet file-sharing. Piracy costs the American government USD 29.2 billion yearly, according to CreativeFuture, an advocacy coalition of American entertainment organisations against copyright infringement. According to the yearly Online Copyright Infringement Tracker report produced by the United Kingdom Intellectual Property Office, the figures are startlingly high and persistent (UK IPO). The most recent release of information tracking infringement behaviour for more than a decade showed that the “overall infringement rate for all content categories (excluding digital images) was 25%, up 2% from the previous year but the same as four of the last five years.”

The best defence against such a resilient threat is a programme of IP enforcement that is similarly tenacious. Sites that host illegal downloads might be a quiz to remove inappropriate content and suspend specific users by defending one’s exclusive rights. Areas involved in criminal activity may have their listings removed from search engine results or may even be put on record by the server owners.

Stop copyright infringement by issuing specific and legally valid takedown requests to the proper internet service provider. If copyright registration is an option in a particular jurisdiction, the process strengthens this process by doing so. Additionally, the most extreme violators may face civil or criminal court actions.

IP owners now have even more weapons at their disposal to combat counterfeiting. The use of trademark registration as a defence against brand copying is successful. Trademark registration and upkeep strategy in all active marketplaces put a chokehold on counterfeiters’ operations. A brand is easier to notice online than individual intellectual items, making it easy to take quick action against infringement using many of the same strategies mentioned above. When the government is conned, the former is a federal offence in the US, and counterfeiting is penalised more severely than piracy. The main issue is that counterfeiting is frequently considered a criminal offence and a basis for civil damages.

A patent award is a final strategy for combating fake software. A computer programme may qualify for a patent in many jurisdictions if it provides a technical solution to an actual problem. A piece of software may be patentable in the European Union, for instance, if it can show that its impact goes beyond the scope of the computer system’s standard functions.

The fact that software piracy and IP counterfeiting are not “victimless crimes” does not necessitate being a victim to demonstrate this argument. The legal professionals at Dennemeyer have the expertise and network necessary to protect your software with the IP needed rights and to enforce those rights internationally. You can rest easy knowing you have the best in the business on your side if the worst happens.

Related Posts