US authorities step up action against unfair competition

The State of Tennessee is the 4th American state to take legal action against a foreign supplier suspected of using pirated software in its production chain

In compliance with the law to combat unfair IT competition, Tennessee State Attorney General Victor Domen announced that he has taken legal action against a Thai tire manufacturer suspected of gaining a competitive advantage over local companies by using pirated software in its technology park to reduce costs.

An agreement was reached between the BSA (Business Software Alliance) and the Thai exporter, after the US authorities have provided resources to protect jobs, production and the economy in this state. The action was released by NAJI (The National Alliance for Jobs and Innovation): tinyurl.com.
 

Movement in the USA

In the past nine months, four US Attorneys General have taken action against five different foreign companies for taking actions considered unfair. 
 

Massachusetts Attorney Martha Coakley sparked the first case of unfair competition in the US in October 2012, fining a Thai seafood company for using pirated software in its operations, competing unfairly with fishing companies from Massachusetts. The prosecutor mentioned that local law enforcement companies were grateful that their foreign competitors now have to compete on an equal footing with them. She also called her case "a shot heard all over the world", explaining the significant attention to this issue from foreign vendors using pirated software. 

In January 2013, California Attorney General Kamala Harris announced that she has filed lawsuits against two textile and apparel manufacturers of Indian and Chinese origin, respectively.  

The state of Washington has also played a key role in the movement against unfair competition in the United States. The state attorney general's office announced that one of the world's largest aircraft manufacturers has adjusted its software licenses after receiving notification from the public agency warning of the risks of violating unfair competition laws. 

Opportunity for Brazilian companies 

Jorge Sukarie, president of ABES (Brazilian Association of Software Companies), explains that the main lesson to be learned from these cases is that Brazilian exporters, whether small or large, must act in IT compliance so that they compete legitimately in the local and international market. 

To debate about Intellectual Property Infractions as an act of Unfair Competition, ABES will participate on August 20, in Rio de Janeiro, in a panel at ABPI's XXXIII International Intellectual Property Congress www.abpi.org.br, with Travis Le Blanc, special assistant to the California Attorney General, USA; Nuno Pires de Carvalho, director of WIPO's Intellectual Property and Competition Policy Division; and Rodolfo Tsunetaka Tamanaha, Executive Secretary of the National Council to Combat Piracy and Intellectual Property Offenses - CNCP. 

Aware of the issues of laws for the defense of intellectual property and the fight against unfair competition, ABES (Brazilian Association of Software Companies), in partnership with ABPI, APEX, BSA, CNC, CNCP, ETCO and MBC, maintains the Entrepreneur campaign. Nice www.empreendedorlegal.org.br which discloses information about technical losses when using pirated software, legal risks of IT non-compliance with details of Brazilian and US laws, recommendations on software asset management programs. 

The entity also maintains an Anonymous Complaints Against Software Piracy portal www.denunciepirataria.org.br. In addition, the Pro Software Original campaign, which has special offers for Software Licensing for micro and small business owners, has been working with associated software manufacturers and large entities. 

Sukarie recalls that this movement against offending companies can be a great opportunity for Brazil, as it is the country with the lowest piracy rate among emerging countries: 53%, while China reaches 77%. “By working with their legalized software licenses, entrepreneurs create an environment of fair competition with their competitors, who invest in technology. This attitude contributes to the increase in employment and supports economic growth, making the country more competitive ”.