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Does counterfeiting benefit genuine manufacturer? The role of production costs

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  • Andrea Di Liddo

    (University of Foggia)

Abstract

A monopolist sells a luxury genuine product which can be illegally copied and sold by a competitive fringe of counterfeiters. Fines imposed on caught counterfeiters are pocketed by the genuine firm. We prove that if production costs are low, then the genuine manufacturer would lobbying for high penalties so that counterfeiters should be thrown out of the market. In this case, the presence of counterfeiters does not provide any benefit to the producer of the original product. Whenever the production cost is neither too high nor too low, the optimal fine guarantees a positive demand for the genuine product as well as for the fake; the genuine producer is better off than in a world without counterfeiters. If production costs are too high, the genuine firm has no more incentive to produce. Its remaining goal is to collect penalty money from counterfeiters. Again, the presence of counterfeiters provides a benefit to the genuine manufacturer. Finally, a comparison between full protection and null protection policies is performed.

Suggested Citation

  • Andrea Di Liddo, 2018. "Does counterfeiting benefit genuine manufacturer? The role of production costs," European Journal of Law and Economics, Springer, vol. 45(1), pages 81-125, February.
  • Handle: RePEc:kap:ejlwec:v:45:y:2018:i:1:d:10.1007_s10657-015-9509-9
    DOI: 10.1007/s10657-015-9509-9
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    Cited by:

    1. Marta Biancardi & Andrea Liddo & Giovanni Villani, 2020. "Fines Imposed on Counterfeiters and Pocketed by the Genuine Firm. A Differential Game Approach," Dynamic Games and Applications, Springer, vol. 10(1), pages 58-78, March.
    2. Marta Biancardi & Andrea Di Liddo & Giovanni Villani, 2022. "How do Fines and Their Enforcement on Counterfeit Products Affect Social Welfare?," Computational Economics, Springer;Society for Computational Economics, vol. 60(4), pages 1547-1573, December.
    3. Koji Domon & Alessandro Melcarne & Giovanni B. Ramello, 2019. "Digital piracy in Asian countries," Economia e Politica Industriale: Journal of Industrial and Business Economics, Springer;Associazione Amici di Economia e Politica Industriale, vol. 46(1), pages 117-135, March.

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    More about this item

    Keywords

    Counterfeiting; Fines; Intellectual property rights; Social welfare;
    All these keywords.

    JEL classification:

    • D21 - Microeconomics - - Production and Organizations - - - Firm Behavior: Theory
    • D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights
    • D42 - Microeconomics - - Market Structure, Pricing, and Design - - - Monopoly

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