August 25, 2005

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Even better than the real thing

Apologies for this site being down for the past 24 hours or so. I blame aliens.

I have been fortunate enough to have enjoyed two of the most pleasant New York summer days one could wish for. Thanks to my heeding overblown warnings of long delays due to tight security at JFK, I now find myself with an hour to burn in yet another nondescript airport lounge. After catching up on the latest Robert Kissel developments I came across a great piece in The Standard on the hypocrisy of the EU over China's intellectual property pirates. The author sees pirate goods being freely sold in Florence and notes it seems a bit rich for the European Union to complain to China about failing to enforce intellectual property protection when EU countries seem unable to enforce their own laws only a couple of hundred meters from Gucci's, Louis Vuitton's and Fendi's own flagship shops.

He goes on to point out the huge difference between the average spending power of the Florence tourists compared to the average shopper in China. For many in China there is no choice because the "real" goods are completely out of their price range but in Florence it is a very deliberate choice.

America is not above blame, either. The article goes on to point out how history repeats itself:

...the United States did not protect international copyright until the 1890s, 100 years after this right was written into the US Constitution. It could be argued that America's media giants were built on piracy: In the 19th century, when the country was attempting to catch up with its more developed rivals overseas, US publishers reprinted English works often without paying royalties, arguing that the industry was under-capitalized. Putting it in modern terms, pirating English literature allowed the US industry to avoid product development costs while building economies of scale.
A more modern example was Japan, which was able to mimick and then improve on many electronics and other goods, to both the benefit of Japan and the rest of the world. When China reaches the point of developing its own intellectual property, rather than manufacturing that of others, you will quickly see far tighter intellectual property protections. In the interim the country has far more pressing needs.

The same hypocrisy is common in the USA. My Monday afternoon stroll in New York took me through Soho and Chinatown, where numerous stalls were doing a brisk trade selling fake handbags, pirated CDs and DVDs, computing software, watches and more. In a delicious irony, a police car was parked directly in front of one of the busiest handbag shops. The tourist hordes were not disturbed by any other sign of law enforcement.

What this demonstrates is how difficult it is to eliminate the demand for these goods. Like the ridiculous and damaging "war on drugs", a supply will always meet demand just as supply creates demand. It is a cycle that is difficult to break, even in rich and advanced economies. If the original is really the best the market will pay that price. Most Hong Kongers wouldn't be caught dead buying fakes...because of the cachet and show-off value of buying the real thing. Those that do know they are getting an inferior product for a (much) lower price, and one that most of their friends will spot as fake in an instant. It is a trade-off between quality (and originality) and price that improves overall economic welfare. The only losers are the economic rent seekers who own the intellectual property. They are literally pricing themselves out of the market.

So let's view American and European attacks on China's intellectual property regime for what they really are: protectionism in sheep's clothing.

posted by Simon on 08.25.05 at 06:07 AM in the China economy category.




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A little drama added to overseas Chinese community
Excerpt: Undercovered FBI have worked for a Chinese gang distributing counterfeit cigarettes to streets for years, Haa ha, right, FBI let counterfeit cigarettes to be sold to the public! I guess the cigarette quality must have been good, perhaps even better tha...
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Tracked: August 25, 2005 08:41 AM


Comments:

Simon,

don't really understand this "So let's view American and European attacks on China's intellectual property regime for ..."

"intellectual property regime"?

is it because of my poor english?

btw, i have some good news about china's IPRs at the teahouse ...

posted by: bingfeng on 08.25.05 at 11:52 AM [permalink]

See what happens when the captain jumps ship?

posted by: Bromgrev on 08.25.05 at 05:30 PM [permalink]

"The same hypocrisy is common in the USA. My Monday afternoon stroll in New York took me through Soho and Chinatown..."

not to put too fine a point on it, but in ny this is more likely demonstrative of the efficacy of the fourth amendment ("The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized").

as foolish as it sounds, there's no *expedient* and legal mean by which to prove that the proprietor's articles aren't genuine. it would be a waste of time to procure the warrant necessary to confirm the obvious: that the vendors are peddling fakes. thus, police generally concentrate their efforts on prosecuting the suppliers of these vendors--by raiding warehouses and the like--eschewing the decidely unconstitutional practice of "killing the chicken to frighten the monkey".

i'm glad you liked ny ;-)

posted by: b on 08.25.05 at 09:40 PM [permalink]

B - that's my point. If you can't prosecute people selling fakes in NYC, it's a bit harsh to expect China to do it.

I love NYC. It's a great town.

posted by: Simon on 08.26.05 at 12:50 AM [permalink]

America's wish to enforce property rights is not protectionism in sheep's clothing. Enforcement of IPR in China would boost China's software and movie industry, creating more competition for the US companies. As it is now, they have nothing to fear from Chinese movie and software industries exporting to the US. Protectionism from what?

Furthermore, citing a few cases of pirating Gucci et. al. obscures the fact of what percentage of goods in the US are fake as opposed to what percentage are fake in China. There is a huge difference.

You also state: "For many in China there is no choice because the "real" goods are completely out of their price range but in Florence it is a very deliberate choice." It is still a deliberate choice in China too. Go buy a non-pirated, non brand cheap item. As an expat on the mainland I have heard that refrain often (from educated, wealthy mainlanders who certainly do have a choice). One conversation was, "I can't afford the real Adobe Photoshop." Damn, I can't afford the real Adobe Photoshop either. That's why I buy some cheapo stripped-down photo editing software from some no-name company. Photoshop is priced for professionals. That's what piracy does, it puts the pricing mechanism totally out of whack. Pirated Autocad is the same price as pirated internet explorer. The average debt-free American does not walk around with a Gucci handbag.

I do admit, though, that choices are reduced when rampant piracy eliminates the viability of the movie rental industry.
The point about the US not enforcing IPR in the 1890's is true.

posted by: tangent Shenzhen on 08.26.05 at 12:17 PM [permalink]




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