Counterfeit Goods and Organised Crime

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Counterfeit Goods and Organised Crime

9781035318728 Edward Elgar Publishing
Michael Blakeney, Winthrop Professor of Law, UWA Law School, University of Western Australia
Publication Date: 2023 ISBN: 978 1 03531 872 8 Extent: 292 pp
Counterfeit Goods and Organised Crime is an in-depth inquiry into the fake goods trade and the involvement of organised crime groups. In this seminal work, Michael Blakeney comprehensively analyses the impact of counterfeiting on the principal industries affected by it. It looks at international, national and regional counterfeit legislation, organised crime groups and counterfeiting customs control.

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Contents
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Counterfeit Goods and Organised Crime is an in-depth inquiry into the fake goods trade and the involvement of organised crime groups. In this seminal work, Michael Blakeney comprehensively analyses the impact of counterfeiting on the principal industries affected by it. It looks at international, national and regional counterfeit legislation, organised crime groups and counterfeiting customs control.

Through an interdisciplinary analysis, Professor Blakeney assesses the size of the counterfeit goods trade, its drivers, and its impact on commerce, public order and health. The book includes a broad range of case studies focusing on the areas most affected by the counterfeit trade: medicines and pharmaceuticals; food, wines and spirits; luxury goods; vehicle and aircraft parts; and herbicides, fertilisers and pesticides. As counterfeiting is driven by the search for profits, Professor Blakeney argues for disincentivising organised crime groups via the legal confiscation of the proceeds of crime.

This innovative book’s examination of the trade in international counterfeit products will interest scholars, practitioners and policy-makers in the fields of trademark law, customs and trade law, and crime and corruption studies. It will also be invaluable for regulators and compliance personnel, legal practitioners and industry representatives.
Critical Acclaim
‘Blakeney’s writing in the book is tight. As will be seen from this overview, there are many, many studies and reports into his subject-matter from sources around the globe. He weaves voluminous information into neat summaries and segues, leading the reader to the next idea easily and logically. Its references to the primary intra- and international organisations dealing with counterfeit goods and organised crime and to the relevant legislation, treaties and agreements make this book a useful handbook, as well as an enlightening read about a subject that possibly does not receive the attention it should from intellectual property practitioners.’
– Siobhán Ryan KC, Intellectual Property Forum

''Counterfeiting is a plague that is growing, and will soon exceed trillions of dollars of stolen top line revenue from major organizations world wide. This book documents the hidden players behind this problem, and documents the level of organized crime that is implicit in this work. This is a fascinating tale of the “behind the scenes” activities that are producing a steady stream of counterfeit goods, and how organizations need to act to curb this black tide.’
– Robert Handfield, North Carolina State University, US

‘A comprehensive examination of the international trade in counterfeit goods and the links to international organized crime. Covering mainly trademark infringement but including copyright, Professor Blakeney’s long experience in this field make him an ideal assessor of the factors involved and apposite case studies underline the significance of the phenomenon leading to a succinct “Way Forward”.’
– John Anderson, The Global Anti-Counterfeiting Group, France

‘The links between organised crime and counterfeits have become an issue of crucial importance to international trade and intellectual property enforcement. In this book, Blakeney brings a wealth of experience, critical insight and sustained analysis to his examination of the complex legal and socio-economic environments involved.’
– Phillip Johnson, Cardiff University, UK
Contents
Contents:
Preface
PART I DEFINITIONS, METRICS AND
ANTI-COUNTERFEITING LEGISLATION
1 Definitions and metrics
2 The trade in counterfeit products
3 Impacts of counterfeiting: commercial, fiscal and socio-economic
4 Counterfeiting and public order
5 Counterfeiting and international IP legislation
6 National legislation and counterfeiting
7 Border control of counterfeits
PART II CONFISCATION OF THE PROCEEDS OF
COUNTERFEITING
8 International confiscation legislation and intellectual
property crime
9 National confiscation laws
PART III CASE STUDIES
10 Medicines and pharmaceuticals
11 Food
12 Wines and spirits
13 Luxury goods
14 Other counterfeits
PART IV RECOMMENDATIONS
15 The way forward
Index
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