B. Definition
B1. In accordance with the terms of reference this study is limited to piracy and counterfeiting of goods protected by intellectual property rights.
B2. It does not therefore consider other aspects of piracy and counterfeiting or other theft of intellectual property such as that facilitated by use of the Internet or satellite technologies, or piracy or theft of information or broadcasts, or unauthorised photocopying of books for education purposes, or of unauthorised end-user piracy of software beyond the purchaser's licence, or piracy of domain names or company names, or counterfeiting of currency.
B3. This study therefore concentrates on the unauthorised production of pirate and counterfeit goods, the facilitation of their production, and the distribution of such goods (including importation and retailing).
B4. The terms of reference do not contemplate a study of the intellectual property rights in the distribution (including parallel importation) of goods produced with the authority of the owner of the intellectual property in New Zealand (so-called grey-market goods), except insofar as to the extent that such parallel importation may have an impact on the production and distribution of pirate and counterfeit goods.
B5. The terms "piracy" and "counterfeiting" in relation to goods are used loosely to cover the production and sale by way of trade of copies of goods which have been made without the authority of the owner of the intellectual property.
B6. More specifically the term "piracy" within the parameters of this study includes the unauthorised copying of goods, or works such as software, for resale by way of profit or trade.
B7. The term "counterfeiting" is generally understood to mean the unauthorised manufacture and distribution of copies of such goods and works which are intended to appear to be so similar to the original as to be passed off as genuine examples. This includes use of famous brands on clothing not manufactured by or on behalf of the owner of the trade mark, and exact copies of CDs containing music or software, which are traded in a form intended to be indistinguishable to ordinary consumers from the genuine product.
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