NISCAIR Online Periodicals Repository

Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(2) [March 2011] >

Title: The Challenge of Intellectual Property Enforcement for Agriculture Technology Transfers, Additives, Raw Materials, and Finished Goods against Product Fraud and Counterfeiters
Authors: Spink, John
Keywords: Counterfeit
Food fraud
Intellectual property rights
Public health
Issue Date: Mar-2011
Publisher: NISCAIR-CSIR, India
Abstract: One often-overlooked aspect of intellectual property rights (IPR) strategy is the deterrence and enforcement against ‘irresponsible defendants’ including product counterfeiters. When applied to food, the consumer product fraud or product counterfeiting is referred to as food fraud, or economically motivated adulteration. While this problem is not unique to agriculture and food products, there are special circumstances and issues to consider. The objectives of this paper are to: (1) review the underlying fraud opportunities (complex and on a massive scale), including an exploration of types of fraudsters and types of fraud (near infinite); (2) review how globalization and source economies contribute to the problem; (3) review the complexity and challenges of enforcement for companies and agencies; and (4) introduce the ‘chemistry of the crime’ or the ‘crime triangle’, to shift the focus from reactionary intervention and response to proactive prevention. Five applicable case studies are included, bringing insights on the irresponsible nature of many of the fraudsters. Through its review of fraudsters and types of fraud, this study will provide information to assist with IP technology transfers and the effective enforcement of IPR. Product counterfeiting often poses a very serious public health and economic threat to agriculture and food products. There are very motivated, intelligent, resilient and aggressive fraudsters, but they can be deterred by companies or agencies focused on reducing fraud opportunities. Standard business practices—even identified best practices—often inadvertently contribute to fraud opportunities.
Page(s): 183-193
CC License:  CC Attribution-Noncommercial-No Derivative Works 2.5 India
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.16(2) [March 2011]

Files in This Item:

File Description SizeFormat
JIPR 16(2) 183-193.pdf130.46 kBAdobe PDFView/Open
 Current Page Visits: 110 
Recommend this item


Online Submission of Articles |  NISCAIR Website |  National Knowledge Resources Consortium |  Contact us |  Feedback

Disclaimer: NISCAIR assumes no responsibility for the statements and opinions advanced by contributors. The editorial staff in its work of examining papers received for publication is helped, in an honorary capacity, by many distinguished engineers and scientists.

CC License Except where otherwise noted, the Articles on this site are licensed under Creative Commons License: CC Attribution-Noncommercial-No Derivative Works 2.5 India

Copyright © 2015 The Council of Scientific and Industrial Research, New Delhi. All rights reserved.

Powered by DSpace Copyright © 2002-2007 MIT and Hewlett-Packard | Compliant to OAI-PMH V 2.0

Home Page Total Visits: 167211 since 01-Sep-2015  Last updated on 28-Jun-2016Webmaster: