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Fake Spare Parts When No Domestic Brand Names Can Be Trusted

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An Economic Analysis of Intellectual Property Rights Infringement

Part of the book series: Palgrave Studies in Institutions, Economics and Law ((PSIEL))

Abstract

This chapter considers fake motorcycle spare parts whose value is determined by duration and quality. A bad image about domestic products, which is often present in developing countries, causes consumers to distrust domestic brand names. That is a major reason why fake packaging was pervasive in Vietnam. I first explain the fact, obtained by field research, that repairpersons have incentives not only to use fake spare parts but also to mitigate incomplete consumer information about quality. I then analyse this phenomenon in a theoretical model, indicating inconsistent incentives concerning social welfare and consumers’ surpluses. I also consider a counterfeiting game between counterfeiters producing products of differing quality and show that a counterfeiter producing second-tier products does not always prefer no enforcement, while a counterfeiter producing lowest quality products always prefers it.

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Notes

  1. 1.

    In China, local governments must entangle themselves with counterfeiting in order to protect economies to some extent dependent upon such activities. These governments also obtain taxes from counterfeiters . See Chow (2010) regarding the importance of the counterfeiting business in China.

  2. 2.

    The explanation follows Fujita (2007, 2008). There are few papers and reports available regarding the motorcycle industry in Vietnam.

  3. 3.

    At the turn of the millennium, counterfeit motorcycles and parts were often produced in China. The technique of producing such products was remarkable. Hung (2003) describes the case of Yamaha motorcycles.

  4. 4.

    Papers directly related to counterfeiting in this market have increased since around 2000, according to Staake et al. (2009). The period coincides with the rapid economic development of Asian countries, especially China. Counterfeits made in China have certainly influenced this trend. Since counterfeiting issues have practical effects on actual businesses, a number of papers approach this problem from a marketing and business perspective. Kaikati and LaGarce (1980) suggest comprehensive remedies for counterfeiting in developing countries. Through interviews, Minagawa et al. (2007) consider technology acquisition by reverse engineering, with resultant counterfeit products and patent law infringement, in China. Olsen and Granzin (1993) focus on distribution channels to combat counterfeiting in US automobile markets.

  5. 5.

    Concerning the role of trademarks in economics, see Ramello (2006).

  6. 6.

    We performed interviews in eight repair shops and with many dealers in Ho Chi Minh City in December 2011 and July 2012, in Pleiku in December 2011, and in Da Nang in December 2012.

  7. 7.

    A respondent in a repair shop informed us (December 2011) that, in Ho Chi Minh City’s Chinatown, there was a factory, run by Chinese Vietnamese, producing high-quality fake parts. The quality was good, and such parts were recommended to consumers who could not afford to buy genuine Japanese parts due to high prices.

  8. 8.

    An example of such anti-imitation efforts is a package with a barcode that can be checked online. This system is also used to control spare parts for automobiles. We saw such systems in China, Thailand, and Vietnam. A local city, Kunming, in China, has managed to assure genuine parts by developing commercial districts in which almost all parts are confirmed by barcode, as well as by appointing local officers who always watch dealings (February 2012). However, according to an interview of a motorcycle repairperson in Bangkok, Thailand, fake part producers also imitate this system (July 2012). He said that he can finally check if a part is genuine or fake through his eyes and touch, though when consumers see such a package, they cannot know if it is fake or not.

  9. 9.

    In interviews, staff at most repair shops reported that wholesalers mark fake parts in order for buyers to distinguish them from genuine parts. Between wholesalers and repair shops, fake parts are considered cheap substitutes for genuine parts. Small shops often purchase from black markets where fake, second-hand, and stolen genuine parts are available. One such market, famous in Ho Chi Minh City, is Tan Thanh Market.

  10. 10.

    A good image of foreign products may also cause incomplete information on quality. Consumers could overestimate the quality of foreign products. For producers and countries, a good national brand image is beneficial even if low-quality products are made.

  11. 11.

    A fringe firm model is also applicable. In the model, a fringe firm determines supply as a price taker. A dominant firm, here an original producer, determines price by considering the fringe firm’s supply.

  12. 12.

    See Appendix 3.1.

  13. 13.

    In fact a good image or complete information about the quality of domestic products can trigger a severe competition between domestic and foreign companies, as explained in Section 3.4.

  14. 14.

    At seminars joined by Japanese motorcycle makers, they complained about counterfeits . In discussions, they express concern about the reputation of their products, since there are fatal accidents caused by fake parts, like a front fork, with their brand names. However, in terms of spare parts, they seem not to mind seriously. In other industries, such as consumer electronics and processed foods, there are foreign companies jointly enforcing counterfeits with local authorities, financially supporting them. But I have not heard that Japanese motorcycle makers engage in such joint enforcement even though they have enough money.

  15. 15.

    Staff in repair shops steal genuine parts from customers’ motorbikes, replacing them with cheap fakes, and sell the genuine items at a black market. This is a common phenomenon, and many customers are careful to prevent such theft.

  16. 16.

    See Appendix 3.2 regarding a proof by calculations of profits.

  17. 17.

    We conducted interviews in eleven repair shops in Hanoi and Hai Phong and performed research at a black market, Cho Troi; a second-hand market, Chua Ha; and a wholesale market, Pho Hue, in Hanoi.

  18. 18.

    We assume in our model that there is one producer in each market. However, in reality, there are many producers in each market. Some produce counterfeits and others originals of the same quality. In the wholesale market where we did research in 2016, seeking a spark plug and a chain, we could buy three levels of spare parts using the same packaging. Sellers told us that the lowest priced parts were fakes, and their quality was very low. This means that there are still counterfeiters , although we also see authentic spare parts in the second-tier spare parts market. That is, counterfeiters and original producers coexist in the market. Our model must be expanded if we need to consider such a situation in detail.

  19. 19.

    See World Bank Statistics, http://data.worldbank.org/indicator/NY.GDP.MKTP.KD.ZG.

  20. 20.

    See the seminal paper of Leibenstein (1950). Grossman and Shapiro (1988b) considered counterfeits with such characteristics in terms of an international trade problem.

  21. 21.

    Note that our game is not a prisoners’ dilemma game in which cooperation, i.e. strict enforcement, is beneficial for each producer.

References

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Correspondence to Koji Domon .

Appendix

Appendix

Appendix 3.1. Proof of \( {{{{d}}\pi^{F*} } \mathord{\left/ {\vphantom {{d\pi^{F*} } {d\lambda }}} \right. \kern-0pt} {{{d}}\lambda }} < 0 \).

$$ \pi^{F*} = \left( {p^{F*} - t^{F} } \right)q^{F*} = \left( {\frac{{\overline{v} - 1}}{2}t^{F} - \frac{{\lambda \overline{v} - 1}}{2}t^{D} } \right)\left( {\frac{{\overline{v} }}{2} - \frac{{t^{F} - t^{D} }}{2\Delta t}} \right), $$

and we define

$$ f(\lambda ) \equiv \left( {\frac{{\overline{v} - 1}}{2}t^{F} - \frac{{\lambda \overline{v} - 1}}{2}t^{D} } \right)\quad {\text{and}}\quad g(\lambda ) \equiv \left( {\frac{{\overline{v} }}{2} - \frac{{t^{F} - t^{D} }}{2\Delta t}} \right). $$

For a meaningful model, \( f(\lambda ) > 0 \) and \( g(\lambda ) > 0 \), and

$$ \frac{{{d}}f}{{{d}}\lambda } = - \frac{{\bar{v}t^{D} }}{2} < 0,\,\frac{{{d}}g}{{{d}}\lambda } = - \frac{{\lambda \left( {t^{F} - t^{D} } \right)}}{{2\Delta t^{2} }} < 0. $$

By using these results, we obtain

$$ \frac{{{{d}}\pi^{F * } }}{{{d}}\lambda } = \frac{{{d}}f}{{{d}}\lambda }g + f\frac{{{d}}g}{{{d}}\lambda } < 0. $$

â–ˇ

Appendix 3.2. Calculations of profits in Proposition 3.2.

The following conditions are satisfied by assumptions underlying the parameters:

$$ \begin{gathered} \pi _{{{{OO}}}}^{M} < \pi _{{{{FO}}}}^{M} \; \Leftrightarrow \;3c^{M} < a^{H} + 2c^{H} , \hfill \\ \pi _{{{{OF}}}}^{M} < \pi _{{{{FF}}}}^{M} \; \Leftrightarrow \;4c^{M} < a^{H} + 3c^{H} ,\;{\kern 1pt} \hfill \\ \pi _{{{{OO}}}}^{L} < \pi _{{{{OF}}}}^{L} \; \Leftrightarrow \;2c^{L} < a^{M} + c^{M} . \hfill \\ \end{gathered} $$

Regarding \( \pi_{{FO}}^{L} < \pi_{{FF}}^{L} \), we must consider two markets, M and H markets, separately. If \( 2c^{L} < a^{M} + c^{M} \) for M market and \( 5c^{L} < a^{H} + 4c^{H} \) for H market, then \( \pi_{{FO}}^{L} < \pi_{{FF}}^{L} \). From the parameters’ assumptions, two inequalities in both markets are satisfied. □

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Domon, K. (2018). Fake Spare Parts When No Domestic Brand Names Can Be Trusted. In: An Economic Analysis of Intellectual Property Rights Infringement. Palgrave Studies in Institutions, Economics and Law. Palgrave Pivot, Cham. https://doi.org/10.1007/978-3-319-90466-5_3

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