Recently, A "Fake Jie Lai Ya Registered Trademark Case" Aroused Widespread Concern In The Industry.

At present, our country

The protection of intellectual property rights has been continuously strengthened.

According to statistics, at the end of last year, the Jiangsu Nantong home textile city intellectual property rapid protection center received 4265 patent applications, reported 3065 applications for fast applications, and accepted the appearance.

83 cases of patent infringement complaints, 113 copyright infringement cases and 103 cases of electricity supplier complaints have created an orderly market environment for the home textile industry.

But even so, violations of intellectual property rights in home textile enterprises often occur.

Recently, together, "counterfeit"

The registered trademark case has aroused widespread concern in the industry.

1 purchase of towels for counterfeit goods

In April 19th, the third intermediate people's Court of Shanghai carried out a first instance judgment on the case. The defendant was sentenced to 3 years' imprisonment, 4 years' probation and a fine of 500 thousand yuan.

In the case, the brand name "Jie Liya", the counterfeit trademark, is the first "famous trademark" enterprise in the Chinese towel industry. It is also the first well-known enterprise in the home textile industry that won the "China famous brand product".

In 2015, the brand value of Chinese manufacturing industry released by CCTV was valued at 6 billion 10 million yuan, and became the highest value brand of Chinese textile industry for 3 years in a row.

Perhaps it is precisely because "Jie Liya" has a high brand reputation that criminals are misappropriated without consequences.

In October 22, 2015, Zhejiang Jie Li Ya towel Co., Ltd. (hereinafter referred to as "Jie Liya company") received a call from a statistical group in Shanghai. The other party said it wanted to purchase a batch of souvenir towels which were used to distribute the objects to the respondents in the population sampling survey.

Because the company did not accept the relevant orders, the staff immediately agreed to the other side, but asked the other party to provide the style of the purchase of towels.

After identification, Jie Liya found that the samples of the towel were not produced by the company, and immediately reported to the public security organs.

Subsequently, the court found that the defendant Huang for the Shanghai statistical distribution service station bidding "Shanghai 2015 1% population sampling survey souvenir" procurement project, and illegally printed fake "Jie Liya" registered trademark Towel Gift box, tag.

The total number of towels that counterfeit registered trademarks totalling more than 36.2 boxes (more than 72.4 items), and the amount of illegal business is 5 million 613 thousand yuan.

"Brand" towel

Fake "Jie Lai Ya" brand towel

2, safeguarding rights is difficult to cause rampant fraud.

For this case, Shi Changjia, chairman of the board of directors of the company, said: "the cost of high quality yarn cotton selected by Jie Li Ya is 20 thousand yuan / ton, while the price of yarn and cotton used for low-grade counterfeit products is less than 10 thousand yuan / ton, the cost is quite different, and the quality is even one hundred and eight thousand li.

As a home textile enterprise, we have responsibilities and obligations to consumers. Therefore, although it is difficult to counterfeit, we will continue to insist on it.

According to the reporter, this case is not a case. In many home textile enterprises, many brands have had the experience of being counterfeited trademarks, but the reason is not known by the public as the case of "Jie Li Ya counterfeit". The main reason is that the high cost of safeguarding rights has deterred many enterprises, and finally, "counterfeit" has been ignored.

Liu Xufeng, a Shanghai based textile limited company, told reporters: "the products and trademarks of Tai Chi are often counterfeited, but we seldom take the initiative to safeguard their rights. Because the cost is too high and the cost is too high, we have no time and energy to deal with counterfeiters.

At present, there are small factories that counterfeit our products in Fujian, Jiangsu and Hebei.

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Referring to being counterfeited, Zhang Meiying, marketing manager of Yimei IKEA household products factory, Renqiu, Hebei, also said: "our brand has a good market prospect. For this reason, we have applied for the appearance patent, but we are still being counterfeited.

We want to crack down on fraud, but it is very difficult to obtain evidence only by our own strength.

Inadequate supervision has led to small factories imitate counterfeit products.

Recently, Bo Yang home textile has also been counterfeited, and the case is under trial.

Wang Luping, deputy director of the brand merchandise planning, said: "such a sale of counterfeit products not only seriously damages the interests and brand image of Bo Yang home textiles, but also damages the interests of consumers."

Wang Luping also believes that the reason why there are so many counterfeiting enterprises in the industry is mainly due to the low cost of illegal activities by illegal elements, and the lack of efforts to crack down on counterfeiters.

Even if an enterprise tries to get a compensation for its rights, the amount of compensation is usually very low, and it can not even cover the cost of safeguarding rights.

3, we should intensify our efforts to crack down on counterfeiting.

At present, home textile enterprises need to invest a lot in developing new products, and in order to enhance brand reputation and improve product sales, they need enormous human, financial and material resources.

Zhang Jin, a professor and doctoral tutor of the school of civil economics and law, China University of Political Science and Law, said: "the act of counterfeiting trademarks is a" robbery act "and should be severely punished. We need to establish a fair competitive market environment, abide by the laws of survival of the fittest, and form a favorable environment for economic development.

Wang Xuezheng, director of the China law society, also said that it is not easy for an enterprise brand to achieve today's success. If the brand fails to get the proper protection, it will in fact encroach on the rights and interests of consumers.

"Therefore, in order to ensure that consumers can buy good products in the market, we need joint efforts from industry, enterprises and relevant law enforcement departments."

When it comes to maintaining the international image of our corporate brand, Li Shunde, a researcher at the Chinese Academy of Social Sciences, said that more and more Chinese brands are coming to the world, but we always show people in the international image of "low-end manufacturing" and "Shanzhai", which makes it difficult for enterprises to stand on the international market, let alone compete with foreign brands.

"We need to form better intellectual property protection projects, protect intellectual property rights from all aspects of legislation, justice, law enforcement and law abiding, and enhance the awareness of intellectual property protection in the whole society."

Referring to the current problem of intellectual property protection, Cheng Yongshun, vice president of the Intellectual Property Law Research Association of China law society, stressed: "I personally feel that the biggest problem in the protection of intellectual property rights is not enough enforcement, and the crackdown is not strict.

In addition, the "free riding" behavior is widespread in trademark infringement cases, which makes counterfeiters get high profits, but it greatly damages the image of the brand.

This behavior also has a negative impact on society.

Li Shunde, a researcher at the Chinese Academy of Social Sciences, pointed out that from the perspective of China's legislative practice, the criminal crackdown on intellectual property protection has been continuously strengthened, and the threshold for entry will continue to decrease.

However, good intellectual property protection and the formation of the environment for combating registered trademark crimes require not only the responsibility of the government departments but also the strict judicial administration of the judiciary. At the same time, the relevant rights holders and consumers should also dare to fight against illegal and criminal acts and earnestly safeguard their legitimate rights and interests.