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Fines Imposed on Counterfeiters and Pocketed by the Genuine Firm. A Differential Game Approach

Author

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  • Marta Biancardi

    (University of Foggia)

  • Andrea Liddo

    (University of Foggia)

  • Giovanni Villani

    (University of Bari)

Abstract

We consider competition between a legal firm that sells a product protected by intellectual property rights (IPR) laws and a counterfeiter who illegally copies and sells products without the permission of the brand-name producer. Each time the counterfeiter is caught, the payment of a fine proportional to the amount confiscated and to the price of the original goods is imposed. However, fines are pocketed by the legal firm. In this paper, a differential game is studied in which both firms compete for prices while the legal firm invests in advertising to increase goodwill and, accordingly, demand. Based on this, a feedback Nash equilibrium is computed and discussed. Unfortunately, the analytical results are too complex to allow an explicit comparison between the payoff of the producer with and without the presence of counterfeiting. However, through some numerical simulations, it is shown that, under specific values for the parameters of the model, the genuine producer can be also better off in the presence of counterfeiting rather than in its absence.

Suggested Citation

  • 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.
  • Handle: RePEc:spr:dyngam:v:10:y:2020:i:1:d:10.1007_s13235-019-00310-6
    DOI: 10.1007/s13235-019-00310-6
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    References listed on IDEAS

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    1. Banerjee, Dyuti S., 2003. "Software piracy: a strategic analysis and policy instruments," International Journal of Industrial Organization, Elsevier, vol. 21(1), pages 97-127, January.
    2. Jie Zhang & L. Hong & Rachel Zhang, 2012. "Fighting strategies in a market with counterfeits," Annals of Operations Research, Springer, vol. 192(1), pages 49-66, January.
    3. Sana El Harbi & Gilles Grolleau & Insaf Bekir, 2014. "Substituting piracy with a pay-what-you-want option: does it make sense?," European Journal of Law and Economics, Springer, vol. 37(2), pages 277-297, April.
    4. Yao, Jen-Te, 2015. "The impact of counterfeit-purchase penalties on anti-counterfeiting under deceptive counterfeiting," Journal of Economics and Business, Elsevier, vol. 80(C), pages 51-61.
    5. Zhang, Jie & Zhang, Rachel Q., 2015. "Supply chain structure in a market with deceptive counterfeits," European Journal of Operational Research, Elsevier, vol. 240(1), pages 84-97.
    6. Cordell, Victor V. & Wongtada, Nittaya & Kieschnick, Robert Jr., 1996. "Counterfeit purchase intentions: Role of lawfulness attitudes and product traits as determinants," Journal of Business Research, Elsevier, vol. 35(1), pages 41-53, January.
    7. Grossman, Gene M & Shapiro, Carl, 1988. "Counterfeit-Product Trade," American Economic Review, American Economic Association, vol. 78(1), pages 59-75, March.
    8. Yi Qian, 2008. "Impacts of Entry by Counterfeiters," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 123(4), pages 1577-1609.
    9. Yi Qian, 2014. "Brand Management and Strategies Against Counterfeits," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 23(2), pages 317-343, June.
    10. Tsai, Ming-Fang & Chiou, Jiunn-Rong & Lin, Chun-Hung A., 2012. "A model of counterfeiting: A duopoly approach," Japan and the World Economy, Elsevier, vol. 24(4), pages 283-291.
    11. 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.
    12. Gene M. Grossman & Carl Shapiro, 1988. "Foreign Counterfeiting of Status Goods," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 103(1), pages 79-100.
    13. Ludovica Cesareo, 2016. "Counterfeiting and Piracy," SpringerBriefs in Business, Springer, number 978-3-319-25357-2, October.
    14. Andrea Di Liddo & Steffen Jrgensen, 2006. "Design Imitation in the Fashion Industry," Quaderni DSEMS 06-2006, Dipartimento di Scienze Economiche, Matematiche e Statistiche, Universita' di Foggia.
    15. Andrea Di Liddo, 2019. "Competition in the Presence of Counterfeiters: The Case of Fines Imposed on Counterfeiters and Pocketed by the Genuine Firm," International Game Theory Review (IGTR), World Scientific Publishing Co. Pte. Ltd., vol. 21(04), pages 1-26, December.
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    Cited by:

    1. 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.
    2. Keisuke Hattori & Keisaku Higashida, 2023. "Who should be regulated: Genuine producers or third parties?," Journal of Economics, Springer, vol. 138(3), pages 249-286, April.

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    More about this item

    Keywords

    Differential games; Counterfeiting; Fines; Intellectual property rights; Numerical simulations;
    All these keywords.

    JEL classification:

    • C73 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Stochastic and Dynamic Games; Evolutionary Games
    • D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights

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