Don't Underestimate The Harm Caused By Counterfeiters

Law360, New York (September 19, 2013, 6:27 PM EDT) -- In the July/August 2013 issue of Foreign Affairs, Kal Raustiala and Christopher Sprigman argued in their article, “Fake It Till you Make It,” that “American anxiety and anger over Chinese piracy are misplaced.” They claimed that “Washington’s heavy-handed approach to Beijing’s copycat culture is too blunt and reflects a simplistic view of innovation.”

Although Raustiala and Sprigman certainly argue their position competently, the article severely understates the harms caused by Chinese “copying” generally and by the counterfeiting industry in particular. It is estimated that 70 percent...
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