Re: Why do people buy fakes and what does it say about them?
- From: wing@xxxxxxxx (Wing C Ng)
- Date: Fri, 05 Aug 2005 03:14:17 -0000
In article <M7SdnZ2dnZ3ls-rtnZ2dneCGb9-dnZ2dRVn-z52dnZ0@xxxxxxxxxxx>,
Jack Denver <nunuvyer@xxxxxxxxxxxx> wrote:
>Further to the topsy turvy treatment, patents last for only 20 years,
>copyrights for the life of the creator plus 70 years and trademarks forever.
>OTOH, there is a rationale for this - patented inventions are the most
>crucial to the functioning of a modern society so it is in the public
>interest that they reach the public domain as soon as possible, copyrighted
>works less so and there is no crucial public interest in trademarks becoming
>"free" - in fact this would defeat their purpose. Likewise, there are "fair
>use" exceptions for copyrights that allow you to quote for purposes of a
>review, paraphrase the ideas in another form, etc. but there is no "fair
>use" of someone else's trademark.
>
I believe Rolex did invent a number of things, say the screw-in
water-resistant crown. These patents expired long ago.
They also invented this wavy bezel, which is probably protected
by copyright. That probably never expired yet, but they don't
even bother to enforce it, it's all over the place.
An invention may be almost simultaneously made, say in U.S.
and Germany. U.S. follows "first to invent", almost the
entire rest of the world is "first to register", and so it
is entirely possible that the patent belongs to the U.S.
inventor, but to the German inventor in the rest of the world.
Whereas TM is not like this at all: Rolex shows up with
its mark in Zimbabwe and will win every time. Even if
someone's real name is "Rolex", he will not be able to keep
"Rolex" his own co. name.
-Wing
>
>"Wing C Ng" <wing@xxxxxxxx> wrote in message
>news:11f31u15qbjqg1a@xxxxxxxxxxxxxxxxxxxxx
>>
>>
>> I said this before, there are patents, copyrights, and
>> trademarks under the name "IP". Patent is a true intellectual
>> property, patent office has to examine it. Copyright is
>> a sometimes true IP, there has to be some "creative spark",
>> although it has been held that a phone book has copyright.
>> Trademark does not involve any "intellect".
>>
>> The law treats TM the highest of all, articles infringing
>> on TM are confiscated at customs, and counterfeiting is a
>> criminal as well as civil matter. Photocopied books are
>> also sometimes confiscated, not as often. Patent infringement
>> is not a criminal matter at all, the holder has to pay big
>> money to file civil suit.
>>
>> In my mind, this is the opposite of justice.
>>
>> The Rolex "look and feel" is in fact protected by copyright,
>> although I've never heard of them suing Invicta/Sandoz etc.,
>> they use the law only on the TM. A counterfeit that does
>> not have the Rolex TM is basically legal. In fact I heard
>> that they import Rolex-lookalikes without the TM through
>> custom without problem and then add the Rolex TM in the U.S.
>>
>> Those of you who sneer at people buying a "fake" may want
>> to answer the following question: do you ascribe the same
>> bad qualities to those who buy a Rolex-lookalike *without*
>> the Rolex TM?? This one is basically legal under the law,
>> (unless Rolex wants to spend money filing a civil suit under
>> copyright, and they might well lose.)
>>
>> -Wing
>>
>
>
.
- References:
- Why do people buy fakes and what does it say about them?
- From: claude girardin
- Re: Why do people buy fakes and what does it say about them?
- From: the swisswatchguy
- Re: Why do people buy fakes and what does it say about them?
- From: Wing C Ng
- Re: Why do people buy fakes and what does it say about them?
- From: Jack Denver
- Why do people buy fakes and what does it say about them?
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