A graduate students presrntationa from the UANL-Mexico at the University of Texas Pan American- April 2008
- 1. INTERNATIONAL PIRACY :A business problem difficult to
resolve.An academic proposal UANL FACPYA Graduate division
2. Mexico exports pirate movies
- El Norte Newspaper (February 13,2008) .-Mexico is a major
exporter ... But for pirate movies. The country has become a source
of pirated films dubbed in Spanish and subtitled for the
Spanish-speaking market, especially for Guatemala and other Latin
American countries, as was mentioned in a special study on this
subject by the International Alliance for Intellectual Property .
"Mexico is the largest market for illegal film recording in Latin
America, which were quickly distributed via the Internet",
according to the Special 301 Report of the organization .
3. Illegal Production:
- The main growth of illegal recording comes from Internet cafes,
where even cds are sold there to burn downloads contents.
- The growth from imports of recordabledevices, such as CD and
DVD, came to an estimated one billion units in 2007.
- According to Motion Picture Association (MPA), by 2005, it was
estimated that piracy distribution already controlled 62% of the
market and losses caused to the industry were up to 483 million
dollars.
4. Table of contents
- The Piracy, crime difficult to punish.
- How does it affects the economy?
- The food and beverage industry.
5. DEFINITION Piracy is the execution of criminal acts against
intellectual property, such as editions or reproductions without
the permission of the author or owner. Source: IMPI, Mxico 6.
PIRACY, CRIME ALMOST PUNISHED
- Internet does not change the rules, there are no laws that
protect copyrights and intellectual property, as well of the work
of creativity, research and technological innovation who also
requires large investments, must be protected against plagiarism
and mutilation.
- Household computing, facilitates pirated or illegal
reproduction of works of various kinds, an action that should be
punished as in any other way, but there is an unwillingness on the
part of foreign and national authorities to solve this social
andeconomic problem, which currently involves eight million people
engaged in the informal economy.
7. PIRACY, CRIME ALMOST PUNISHED
- This kind of informal economy is nourished by four types of
illegal goods:
- - illegal imports (bootleg)
- - adulterated goods, such as wine and perfumes.
- In the case of the Internet, the problem is purely material and
is a violation of copyright. Before, during and after the emergence
of this technology there are noidentified variants in terms of Law
and Ethics, the Internet poses new challenges for the authorities
that had not faced before, because it has encouraged the conditions
for unauthorized reproductions of works , mutilations and
unauthorized or illegal sites.
8. PIRACY, CRIME ALMOST PUNISHED
- W e believe that this has start to develop an understanding of
the current copyright rules, which represents a prosecution on a
criminal case.. While piracy is on the Internet, it is becoming
increasingly feasible to locate the source. In Mexico, there is the
PGR and the Federal Preventive Police, with a District Attorney for
computer crimes, which is responsible for monitoring the network
and normally using technology, clarifies investigations for illegal
downloads from the Web.Investigations began to prosecute
perpetrators of child pornography, currently route, is detected or
identifies the physical location of the computer from which leaves
certain information.
9. PIRACY, CRIME ALMOST PUNISHED
- We strongly believe, thatt he piracy problem can be solved with
determination, however, we also believe that there is no "desire to
eradicate it. The reason is that the authorities do not want to do
it because it "would create a huge social problem, which involves
eight million Mexicans employed or has a source of living form the
informal economy.
- For every ten street vendors of merchandise in the informal
economy, eight are pirated, with smuggled goods,stolen or illegally
manufactured. Breaking this scheme represents a important change in
the future of eight million Mexicans who also represents the same
number of families working in this type of economy.
10. Important points to avoid piracy in the economy:
- First, it is essential to modify the legal system.
- Create piracy specialized police units, well paid and
trained.
- To overcome piracy, it will require systematic and scientific
research.
- Buyers must have some kind of legal certification for purchased
merchandise.
11. HOW PIRACY AFFECTS THE ECONOMY ? ( source: International
Alliance for Intellectual Property)
- In these 7 years, the music industry ranked first in losses,
with 1;415.8 million dollars,
- followed by the software business with 908.7 million.
- Third is the entertainment software, with 685.8 million dollars
in losses.
- Forth the film industry with 388 million and eventually the
industry of books, with $ 252 million in losses.
- However, between 2002 and 2003, Mexico improved its
international position, from third to sixth place from a list of 63
countries.
- But this situation to change in 2007 ..
12. El Norte, February 12th, 2008
- MEXICO .-Losses by piracy in Mexico rose 16.8 percent in 2007
over the previous year, according to figures from the International
Alliance for Intellectual Property.
- Thus, the country secured fourth place among economies more
prone to this illegal activity, after China, Russia and Italy.
- Mexico occupies that position for his figures in illegal sale
of piracy in music, software, entertainment software, films and
books, said the IAIP.
- According to the Special 301 report, last year the country
recorded losses as a result of piracy per thousand 266
million.
13. El Norte, February 12th, 2008
- Due to these figures, for the second consecutive year, the IAIP
placed Mexico in the "Priority List surveillance," which is the
third highest of four, in their classification.
- Moreover, it is the prelude for the United States applied
economic sanctions.
- The main causes of piracy in Mexico, said the 301 report, are
the lack of cooperation between the various institutions in charge
of combating such activity and the few state and local actions
against it.
- Another weakness in this area is the lack of preparation in the
judiciary system to prosecute such cases, said the body which
enrolls 800,000 American companies.
14. Economic losses for piracy by country, 2003:
CountryAmount(Millions of dollars) China 1,893.3 Russia 1,039.9
Taiwan 847.9 Italia 783.8 Korea 736.8 Mxico 717.9 Brazil 715.2
Poland 520.6 India 375.8 Indonesia 259.9 Source: International
Alliance of Intellectual Property. 15. The informal economy in
Mexico:
- The informaleconomy in Mexico represents 26% of the Gross
Domestic Product (GDP), according to a study released by the Tax
Administration Service (SAT).
- The SAT announced that dimensioned in a 2.28% of GDP evasion of
VAT (IVA) in Mexico and estimated that the informal economy
represents a potential raised 42% of GDP by taking into account VAT
and Income Tax (ISR).
- All that indicates that the added value of the informal sector
in 2003 was 441 million 642 thousand pesos.
16. Workers in the informal sector:
- The SAT research indicates that in Mxico there are 14,022,885
workers in the informal sector, which accounted for 48.3% of the
total employed population.
- However, it noted that only 11 million workers from that group,
are potentially audited.
- It indicates that cities with more than 100 thousand
inhabitants represent a potential for the Treasury raised of 335
million pesos a month.
17. Growth of the underground economy in Mexico: The underground
economy in Mexico has represented between one sixth and one quarter
of GDP since 1995. 1993 1.4% 1994 4.7% 1995 15.7% 1996 17.2% 1997
16.6% 1998 20.2% 1999 19.6% 2000 19.8% 2001 26.0% Source : Banco de
Mxico 18. International Organization
- The World Intellectual Property Organization (WIPO) is an
international organization dedicated to promote the use and
protection of works of the human intellect.
- These intellectual works are expanding the bounds of science
and technology and enriching the world of literature and the
arts.
- Through its work, WIPO plays an important role in enhancing the
quality and enjoyment of life, in addition to generating wealth for
nations.
- With its headquartered in Geneva (Switzerland), WIPO is one of
the 16 specialized agencies of United Nations organizations.
- It is responsible for the administration of 23 international
treaties dealing with different aspects of intellectual property
protection. The Organization has 179 Member States.
19. Intellectual Property
- Intellectual property comes from creations of the mind:
inventions, literary and artistic works, symbols, names, images and
designs used in commerce.Intellectual property is divided into two
categories:
- Industrial property, which includes inventions, patents,
trademarks, industrial designs and geographical indications of
origin;
- And copyright, which includes literary and artistic works such
as novels, poems and plays, films, musical works, works of art,
such as drawings, paintings, photographs and sculptures, and
architectural designs. Rights related to copyright are the rights
of performers in their performances, the rights of producers of
phonograms in their recordings, and the rights of broadcasters on
their radio and television.
20. Trademark
- A trademark is a distinctive sign which identifies certain
goods or services as those produced or provided by a person or
company. Its origins go back to ancient times, when craftsmen
reproduced their signatures or "marks" on their products
utilitarian or artistic. Over the years, these brands have evolved
to set up the current system of registration and protection of
trademarks. This system helps consumers to identify and purchase a
product or service that, by its character and quality, as indicated
by its single brand, it is adapted to their needs.
- Source: NOM.Secretara de Economa
21. Patent
- A patent is an exclusive right granted for an invention, which
is a product or a process that provides a new way of doing
something, or a new technical solution to a problem.
- A patent provides protection for the invention to the patent
holder. In Mexico, the protection is granted for a limited period,
generally 20 years.
- Source: NOM.Secretara de Economa
22. Industrial Design
- An industrial design is the ornamental or aesthetic aspect of
an article. The design may consist of three-dimensional features,
such as the shape or surface of an item, or two-dimensional
features, such as patterns, lines or color.. Industrial designs are
applied to a wide range of industrial products and handcrafts from
technical and medical instruments to watches, jewellery and other
luxury items, from housewares and electrical appliances to vehicles
and buildings, from textile to leisure goods.To be protected by
most national laws, an industrial design must be non-functional.
This means that the nature of an industrial design is essentially
aesthetic and the law does not protect any technical features of
the article to which it applies.
23. Certificate of Origin
- Certificate of Origin: A geographical indication is a sign used
on goods that have a specific geographical origin and possess
qualities or a reputation that are due specifically to their place
of origin. Most commonly, a geographical indication consists of the
name of the place of origin of products.
- A typical example is the agricultural products that possess
qualities that derive from their place of production and are
influenced by specific local factors, such as climate and
soil.
- The fact that a sign functions as a geographical indication
depends on the national legislation and the perception of having
that sign consumers.
- Geographical indications may be used for a wide variety of
agricultural products, such as "Tuscany" for olive oil produced in
a specific area of Italy (protected geographical indication, for
example, in Italy, pursuant to Act No. 169 of 5 February 1992), or
"Roquefort" for cheese produced in France (protected, for example,
in the European Union, under EC Regulation No. 2081/92, and in the
United States, according to records of the US certification mark
No. 571,798).
- An of course, in Mexico for its Tequila
24. Copyright
- Copyright is a legal term which describes the rights given to
creators for their literary and artistic works.. The type of works
covered by copyright include: literary works such as novels, poems,
plays, reference documents, newspapers and software, databases,
films, music and choreography, artistic works such as paintings,
drawings, photographs and sculpture, architecture, advertising,
maps and technical drawings.
25. The Mexican Institute of Industrial Property
- It is a decentralized public agency with legal personality and
its own funding and the legal authority to manage the industrial
property system in our country..It is an agency of the Federal
Government that legally protects industrial property through
patent, trademark registration, legal and other figures attention
to infringements on trade and the promotion and dissemination of
the system, providing guidance and advice to individuals, to
encourage technological development, commercial and industrial
sectors in the country.
26. The Food and Drink The Food and Drink in Mexico presents
losses in 2006 by 36 billion pesos, in the past two years, affected
by the low prices on their products that have had to make in order
to compete with those of piracy. The industry's Piracy accounts for
up to 50 percent of the total product offered on the market. Over
the last two years have shut down more than 15 per cent of the nine
thousand plants producing food and beverages in the country,
leaving more than 70 thousand employees and affecting a large
number of suppliers that are strung these companies, adding a total
of 80 thousand job losses. An example? 27. Cerveza Cerona!
fromChina Source: El Norte, Newspaper 28. The Food and Drink The
Food and Drink is one of the largest in the country representing
approximately 6 per cent of GDP, yearly estimated at 6 billion
pesos. On the dangers posed to humans piracy drinks: It is not the
same as a CD that it may not work or produce damage in an
electronic device or like the trousers that were destroyed in just
two washings, the health risks caused by adulterated drinks to
humans, could generate death. Source: El Norte, Newspaper 29. The
Software Industry Software piracy is violating the rights of
intellectual property. It occurs when :An individual or entity
offering illegal copies, CDs, downloadable applications or serial
numbers free, in exchange for cash or commercial acts, An
individual provides an educational product without authorization or
unauthorized individuals or companies,An individual install or use
the software without a license duly authorized. 30. The Software
Industry Types of piracy:The most common types of software piracy
are five. Meeting them will help users avoid the problems
associated with illegal software: -Piracy end-user, -Excessive use
of client-server, -Piracy download from Internet, -Download on the
hard disk, -Software Counterfeit. 31. Record Industry
- According to data form the Record Industry Association, illegal
copying of music accounts for between 15% and 20% of legal sales
(For a 62 million legal copies in 2007, some 12 million
wereillegal).
- A recent example of such arguments: "If 18 million people have
downloaded form Napster the song OffspringsPretty Fly For a White,
we have stopped selling 18 million records."Say the
Association.
32. FinalRemarks
- Piracy will exists untilthe consumer needs it.
- Clearly, the industry has not understood (or simply ignore it)
the message the consumers are sending its clear: "your product is
too expensive. However, I am interested and I am willing to buy it,
at a reasonable price without care if it is legal or not ".
- We can decide between still having profits losses or a
"business opportunity wasted" (such as the Napster case).
33. BIBLIOGRAPHY
-
http://www.cinu.org.mx/temas/desarrollo/desecon/prop_intelec.htm
- http://usinfo.state.gov/espanol/ipr/homepage.htm
- http://www.wipo.int/index.html.es