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In the Shiqiaopu Building Materials Market in Chongqing, a kitchen and bathroom store that operates the counterfeit 'Siemens Set Series'. At present, the cottage products on the market are mainly produced in a way of '傍名牌'. And sales, some products do not register any trademarks directly counterfeit, and some products are registered trademarks similar to branded appliances, playing the law of 'edge ball'
I bought a Panasonic's 'Panasonic' air conditioner and thought it was 'Panasonic'. I didn't think so. When I arrived, I found it 'pamosautc'.
Recently, a Zhejiang netizen posted a post on the Internet to spit out his own shopping experience.
Although the trademark is very similar, the netizen found that this 'Panasonic' is not 'Panasonic', and the manufacturer of the 'Panasonic' package purchased by itself is 'Tianjin Tiansong Technology Co., Ltd.'.
The rule of law weekend reporter found through a third-party business investigation tool 'Tianshicha' that the company changed its name on December 7, 2017, and changed its name to 'Tianjin Matsushita Technology Co., Ltd.', although it also has 'Panasonic'. The word, but has nothing to do with 'Panasonic' from Japan.
In the home appliance industry, such a phenomenon is not uncommon.
Recently, a well-known e-commerce platform has been widely watched by public opinion because it has been accused by netizens of flooding a large number of cottage appliances.
Many home appliance industry insiders pointed out to the rule of law weekend reporter that the e-commerce platform only provides a channel for online sales of 'cottage' home appliances. In fact, under the online, the sales of 'shanzhai' home appliances have spread throughout the third- and fourth-tier cities and the vast rural areas. area.
Lu Jianbo, deputy secretary-general of the China Electronics Chamber of Commerce, told the rule of law weekend that China has a large population base and a broad market for home appliances; there are many home appliance manufacturers in the “cottage”, concentrated in the developed areas of the Pearl River Delta, Jiangsu, Zhejiang, Shandong and other industries; Difficulties and low supervision, these reasons have caused the cottage appliances to emerge in the market.
'山寨' home appliances flood market
'小夭鹅' washing machine, 'beauty spoon' electric fan, 'Joyong' soya-bean milk machine, 'Hoier' electric pressure cooker these home appliance brands, if you do not look carefully, it is difficult to distinguish, often let the 'Zhong Zhao' consumers cry and laugh.
In addition to cottage domestic brand appliances, cottage manufacturers are also keen on the Shanzhai international brand.
Just taking 'Panasonic' as an example, there have been statistics in the media. There are dozens of products in the country that start with 'pa' as a trademark and are very similar to 'Panasonic', including but not limited to 'Pascmio' 'Partsoinc' 'Paonansi' 'Pasncnoeic' 'Pansamio' 'Panhutian' 'Paisunosc' 'Pamosautc' 'Paonoca' .
In addition, like 'sanxing' 'yilaikesi', etc. 'SAMSUNG' '
Brand names such as Electrolux' are also on the market.
Industry observer Hong Shibin told the lawful weekend reporter that at present, the cottage products in the market are mainly produced and sold in such a way as “famous brand”. Some products are directly counterfeited without registering any trademarks, and some products are Registered a trademark similar to a branded home appliance, playing the law's 'edge ball'.
How big is the market size of domestic 'cottage' home appliances? There is no definitive answer to this question.
The rule of law weekend reporter once called the market research company such as Zhongyikang on this issue, but got a reply saying that there is no relevant data of the 'cottage' home appliance market.
Senior home appliance industry person Xu Yiqiang told the rule of law weekend reporter that the 'cottage' home appliance market scale is difficult to have accurate data, because 'cottage' home appliances are basically not through the monitoring of sales data channels to sell, in addition, 'cottage There are many home appliance manufacturers, and the output of each manufacturer is difficult to get statistics.
However, some insiders pointed out to the rule of law weekend reporter that according to the current trillion-scale scale of China's home appliance market, the market value of cottage appliances may be far more than 10 billion yuan.
Miscellaneous brands and foundries are the main force of 'cottage'
The reason why the cottage appliances are flooded is mainly profitable.
Lu Jianbo said that the price of 'cottage' appliances is very low. Due to the lack of brand value added, its profitability is far less than that of branded home appliances. Unlike branded home appliances, cottage appliances often do not require technology, standards, patents, brands, and products. The safety certification and testing, and the lack of perfect after-sales service. Therefore, the cost of 'cottage' home appliances is also extremely low, there is still a certain profit margin.
Recently, some media reported that Changzhou Beike Electric Co., Ltd., a wholly-owned subsidiary of Beike Electric, a well-known home appliance company in Europe, provides OEMs for drum washing machines for many cottages and counterfeit home appliances brands in order to survive and profit. Business.
The rule of law weekend reporter called the company's head office in Changzhou on the working day, hoping to verify the case of the cottage appliance foundry, the employee who answered the phone told the rule of law weekend reporter, the company's media leader is located in the Shanghai branch. The rule of law weekend reporter then called Shanghai Branch, its answering phone staff told reporters that 'wait a little' and then no more news. The reporter then called the phone several times, are in an unreachable state.
There are three main types of 'production' cottages, one is that some of the brand-name manufacturers are producing in the '傍名牌'; the other is that the enterprises that do OEM work have received orders from the 'cottage' enterprises for production; There are also some people who want to take the shortcut of home appliance business, and they will counterfeit well-known home appliance brands. 'Hong Shibin thinks.
In Xu Yiqiang's view, to distinguish the 'cottage' home appliances from the inside, one type is pure 'cottage', completely imitating the products of well-known manufacturers, and home appliances without their own trademarks, which are mostly produced by production groups similar to family workshops; The other is a 'cottage' enterprise that has its own registered trademark and adopts the '傍名牌' strategy. Most of these brand-name companies have relatively complete production lines, which can be mass-produced, or cooperate with large enterprises to make their own stickers. Brand foundry.
A number of home appliance industry insiders told reporters that the manufacture of 'cottage' home appliances does not require a large amount of technical content. As long as the required components are purchased in the supply chain, assembly and splicing can complete the production. Since small appliances require fewer components, Therefore, it is easier to become a high-incidence area of 'cottage'.
'山寨' trademark alleged infringement
Du Xiujun, a lawyer at Beijing Declaration Law Firm, said: 'At present, most of the cottage appliances sold in the market do not necessarily have registered trademarks, because under normal circumstances, the Trademark Office will take certain review measures. If it is a trademark of counterfeit brand appliances, It is difficult to pass the registration. However, there are also some cottage appliances because the trademark bureau's review is not strict, the original trademark owner did not raise objections and other reasons to successfully register the trademark, become a fish of the net.
Du Xiujun told the rule of law weekend reporter that judging whether the 'cottage' appliance constitutes infringement is not to see whether it has a registered trademark, even if these 'cottage' appliances successfully applied for registration of the trademark, it may be suspected of forming the original trademark owner. Infringement.
'Whether the counterfeit trademark constitutes an infringement of the original trademark, one is to see whether the commodity category of the trademark is in the relevant field, and the other is to see the similarity between the trademark, the text and the original trademark. If the counterfeit trademark is the 'fish of the net' , then the former trademark owner can invalidate its trademark through legal means. 'Du Xiujun pointed out.
Brand appliance companies have difficulty defending their rights
'Mountain cottage' is endless, which may damage the brand image of well-known home appliance companies, and may bring economic losses to well-known home appliance companies.
Hong Shibin believes that branded home appliance enterprises should continue to sink the channels and gradually eliminate the 'cottage' home appliances by means of market competition.
However, Lu Jianbo holds another view: 'It may not be so easy to squeeze out the 'cottage' home appliance market by means of market competition. In addition to the production cost of the product itself, branded appliances also require technology research and development, brand maintenance, Advertising expenses, taxes and other aspects of investment, and 'cottage' home appliances are basically not needed, 'cottage' home appliances in the price of branded appliances will always have an advantage.
'The key is to return to supervision.' Xu Yiqiang said, 'In particular, in the face of the infringement method of '傍名牌', the relevant departments should also keep pace with the times in terms of supervision and continue to strengthen law enforcement.
Du Xiujun once worked as a trademark protector for a number of well-known companies. He told the lawful weekend reporter that the difficulties in corporate rights protection are mainly due to the low amount of compensation and the high cost of rights protection. The compensation for rights defense litigation is far less than the cost of rights protection.
'On the one hand, because of the current principle of 'filling in' in the judicial policy, that is, the company needs to prove how much it can lose its claim, and the enterprise claim is mainly compensation compensation, not punitive damage; on the other hand, enterprises usually There will be problems in obtaining evidence. For example, companies believe that 'cottage' appliances have caused them to lose a lot of markets, but these markets are often potential, and it is difficult for companies to come up with sufficient evidence to prove them.' Du Xiujun said.