chapter two the structure of a counterfeit industry fake stuff © 2011 taylor and francis

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CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

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Page 1: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

CHAPTER TWOTHE STRUCTURE OF A COUNTERFEIT INDUSTRY

Fake Stuff© 2011 Taylor and Francis

Page 2: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

Key Ideas

Production Cost of Fake Cell Phone Life Cycle of Fake Cell Phone iPad and pseudo iPad The Great Patent Battle - MediaTek as an example

© 2011 Taylor and Francis

Page 3: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

China as the World’s Factory

Electronic Stores mushroomed in Shenzhen

© 2011 Taylor and Francis

Page 4: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

Cost Analysis of Fake Cell Phones

© 2011 Taylor and Francis

Cost incurred by Brand Name Cell Phone

Fake Cell Phone

Cell Phone Design

Hardware

Research and Development Expenses

Patent Loyalties

“ Turn-Key” Solutions, or low-quality components Softwar

eResearch and Development Expenses

Patent Loyalties

Page 5: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

Cost Analysis of Fake Cell Phones(cont’d)Cost incurred by

Brand Name Cell Phone

Fake Cell Phone

Cell Phone Production

Costs include:Professional OEM Factory ProductionQuality Control (QC)Official Examination Fees

Made in family-run workshopsNot heavy QCNo Official Examination Fees© 2011 Taylor and Francis

Page 6: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

Cost Analysis of Fake Cell Phones(cont’d)Cost incurred by

Brand Name Cell Phone

Fake Cell Phone

Distribution

Through Middle- and Large-size DistributorsProvides Customer Services (Repair, Replacement and Return)

Provided by Region-Based, Small DistributorsCustomer Services Not Available

© 2011 Taylor and Francis

Page 7: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

Cost Analysis of Fake Cell Phones(cont’d)Cost incurred by

Brand Name Cell Phone

Fake Cell Phone

Brand Management

Global Marketing, Advertising and Brand Management

No AdvertisingNo Brand ManagementCounterfeiting Logo or Intentional Resemblance © 2011 Taylor and Francis

Page 8: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

Cost Analysis of Fake Cell Phones(cont’d)

Cost incurred by

Brand Name Cell Phone

Fake Cell Phone

Sales Paying Operation TaxesBy Retail Electronics Stores

Avoiding Operation Taxes Also by Retail Electronics Stores

© 2011 Taylor and Francis

Page 9: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

The Life Cycle of Cell Phone

Brand Name Cell Phone

Fake Cell Phone

Product Planning

3-6 months 0.5 – 1 month

© 2011 Taylor and Francis

Page 10: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

The Life Cycle of Cell Phone (cont’d)

Brand Name Cell Phone

Fake Cell Phone

Cell Phone Design

Hardware

3-6 months 0

(Covered by Turn-Key Solutions)

Software

3-6 months

© 2011 Taylor and Francis

Page 11: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

The Life Cycle of Cell Phone (cont’d)

Brand Name Cell Phone

Fake Cell Phone

Production

Professional OEM Factory Production: 1-2 monthsQuality Control: 0.5 monthOfficial Examination: 1-2 months

Family Workshop: 1- 1.5 monthsNon-official examination: 0~ 0.5 monthOfficial Examination Not Applicable

© 2011 Taylor and Francis

Page 12: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

The Life Cycle of Cell Phone (cont’d)

Brand Name Cell Phone

Fake Cell Phone

Distribution

Middle- or Large- Size Distributors: 1-2months

Region-Based, Small Distributors: 0.5 month

© 2011 Taylor and Francis

Page 13: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

The Life Cycle of Cell Phone (cont’d)

Brand Name Cell Phone

Fake Cell Phone

Total Time Spent

6-15 months 2-4 months

© 2011 Taylor and Francis

Page 14: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

Turn-Key Solutions

One-Stop Shopping which includes all the following:

Platform Drivers Application Software

Components IC design

Testing

© 2011 Taylor and Francis

Page 15: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

iPad and Pseudo iPad

Model iPad Pseudo iPad

Release Date April 2010 March 2010

Price $499 In average $293

Screen Size 9.7 inch Varies from 5-10 inch

Features Wireless, handwriting input, eBook reader

Wireless, handwriting input, eBook reader, GPS, micro projector © 2011 Taylor and Francis

Page 16: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

The Great Patent Battle

Since 2010 smart phone makers have become more litigious.

“Should any one firm gain an important lead, it might dominate the industry for decades – just as Microsoft has dominated the market for personal computer software. (Economist, October 23rd 2010, pp.67)

A new type of player: firms with open-source platforms, such as HTC (Taiwan) are sued by Apple and battles are estimated to last for years. Or MediaTek (See next page)

Page 17: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

MediaTek’s Lawsuit Summary2006

v. Zoran

Infringement of patent for optical storage products

Result: MediaTek paid Zoran $85 million of loyalty fees

2007

v. Sanyo Electric

Patent infringement

The case was dismissed. The two companies licensed patents to each other.

© 2011 Taylor and Francis

Page 18: CHAPTER TWO THE STRUCTURE OF A COUNTERFEIT INDUSTRY Fake Stuff © 2011 Taylor and Francis

MediaTek’s Lawsuit Summary (cont’d)2010

v. QCOM

CDMA and WCDMA Patent Cooperation

Result: The two parties reached a consensus for broader patent cooperation.

2010

v. British Telecom

A subsidiary of MediaTek infringed patent of BT in the United States.

Result: The two parties signed a reconciliation contract.

© 2011 Taylor and Francis