Chapter 357: Anti-Counterfeiting Problem

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In the mid-decade, China's consumer goods market was rife with counterfeit and shoddy goods, and businesses did everything they could, and the difference between product quality and business credit was staggering.

Last year, the government promulgated the Law on the Protection of Rights and Interests of Consumers, Article 49 of which stipulates that if a business operator commits fraud in providing goods or services, it shall, at the request of the consumer, increase the compensation for the losses suffered, and the amount of the increased compensation shall be double the price of the goods purchased by the consumer or the cost of the service received by the consumer.

In the previous civil law, the best result for consumers to buy counterfeit goods was to return them at the price, but now they can double the compensation, which is also a huge step forward in policy.

Producers and sellers of counterfeit and shoddy goods for the purpose of making illegal profits, violating national laws and regulations, and infringing on the intellectual property rights of others are acts of making and selling counterfeit goods. In order to promote social progress, intellectual property rights must be protected, and the production and sale of counterfeit goods must be severely cracked down. The whole process of cracking down on and punishing such illegal acts is collectively referred to as the fight against counterfeiting.

The existence of counterfeiting stems from several reasons, such as the temptation of huge profits, loopholes in the legal system, inaction of the government, lack of strength of enterprises, and consumer trends. The solution to the problem of counterfeiting and selling is also to strengthen technology research and development, enhance product competitiveness, and let consumers improve their awareness of intellectual property protection and their ability to identify counterfeit and shoddy products, create public opinion, and unite all social forces to severely crack down on counterfeiters and traffickers.

The struggle of human society against the illegal production and sale of counterfeit and shoddy goods has a history of more than 1,200 years and has not ceased to this day. As early as the seventies of the nineteenth century, after the industrial revolution in Europe, the industry was in a period of rapid development, which was a period when counterfeit and shoddy goods were very rampant.

For example, in Britain, unscrupulous businessmen pursued profits by unscrupulous means in order to make money and get rich quickly, and there were cases of adulteration of clay in food, vitex leaves in tea, and drugs put on the market without testing and identification. These phenomena forced the British government to adopt legislative, administrative, educational and other means, and it took about 20 years to bring the phenomenon of counterfeit and shoddy goods under control.

For example, France is a well-known country, and it is also a country that has been plagued by counterfeit and shoddy goods to this day. (All overdrive updates:\. SOSO999\.COM) At present, there are four institutions in France engaged in the fight against counterfeiting, the first is the industry association, which is established by the manufacturer of brand-name goods, and one of its important functions is to use the information network to cooperate with the government to combat counterfeiting. The second is the government agency, the General Administration of Consumer Disputes and Anti-Deception. The third is the French gendarmerie and police agencies, which are entrusted by law with the function of cracking down on counterfeit land. Fourthly, in the case of French customs, as long as the customs finds that the goods in question can be detained, and after confirming that the goods are counterfeit and shoddy, the right to impose penalties can be exercised.

What is Counterfeiting? There is no precise definition in the world, and the definitions given by the United Kingdom, France, and Germany are not consistent, and the World Trade Organization focuses on the definition of trademark, copyright and patent infringement in the documents on the protection of trade intellectual property rights. In fact, the scope of counterfeiting is much broader.

There is a more accepted international definition of counterfeiting as the reproduction and sale of a product protected by intellectual property rights without authorization, permission or endorsement by imitating the appearance of a product so as to mislead consumers and users into believing that it is their product. () The object of reproduction is usually the trademark, packaging, labelling or other important characteristics of the goods.

The World Trade Organization (WTO) said that the objects protected by intellectual property rights are not limited to trademarks, patents, copyrights, etc., and countries can determine some content that needs to be protected according to their needs, such as other important features related to commodity labeling. These important characteristics include the nomenclature of origin, quality marks such as labels, certifications, production licenses, and factory names, factory addresses, etc.

The main reason for the repeated prohibition of counterfeit and shoddy goods is that counterfeiting is profitable, more profitable than smuggling drugs and arms, and relatively small in risk, making it a high-profit and low-risk industry.

According to the World Trade Organization, between 1990 and 1995, global trade increased by 47 per cent, while trade in counterfeit goods increased by 150 per cent during the same period.

In many countries, laws to combat counterfeiting or protect intellectual property rights are not sound. (Mobile AP browsing search / search / 999) except for a few evil ** cases, in general, counterfeiting is a low-level and harmless crime, often put in a secondary position by the law, and the elimination and reduction of trade barriers between international trade also make counterfeit goods have a chance.

In 1992, the domestic government organized relevant departments to launch a large-scale joint struggle against counterfeit goods, and achieved remarkable results and achieved good success, and in 1993 it set up a national anti-counterfeiting office to promote the work of cracking down on counterfeit goods in an organized and led manner throughout the country.

However, the efficiency of these departments is very inspiring, and the key problem lies in local protectionism.

In order to complete the primitive accumulation of the local economy, the chief executives and law enforcement management departments in some localities have secretly supported smuggling and trafficking in smuggled goods and the production and sale of counterfeit goods, which has become a hotbed of the gray economy

This demonstration effect will encourage other regions to follow suit, and in such a situation, it is difficult for the first term of government to take into account the need to rely on fair mechanisms and sustainable development principles to achieve economic development. (For more new chapters, please go to, search/search/nine/nine/nine/)

For example, the economic pillar of a district in Guangzhou is mainly the small-scale production of individual and private electrical appliances, and in a sense, the local economy of the place is essentially a gray economy, and the local leaders and government functional departments use the development of local economic pillars as a reason to protect the local economy for the sake of GDP and political performance. When the central media exposed the case with real evidence, the relevant government departments in the area not only publicly published articles distorting the facts, but also organized counterfeiters to hold up their right hands under the signboard of the city's private enterprise association and publish the photos everywhere.

In its letter of commitment, there is still a considerable part of the content of infringement and counterfeiting of others' trademark rights, and the legal enterprise advertised at the press conference hosted by the local government is actually the largest local counterfeiting enterprise, and the qualified enterprise announced to the reporter at the press conference is still producing and selling infringing products the next day.

After the problems in the area were exposed and investigated, many new infringing enterprises of the same kind were still approved for registration in the surrounding areas, and their arrogance simply reached the level of lawlessness. Although there have been two deputy mayors in charge of the economy who have been punished by law for economic crimes, the illegal economy supported by the local government and the interest groups formed by it have not been investigated more widely and deeply.

Most of the large-scale bazaars, which are mainly individual and private, have a background of government investment. In order to recover their investment as soon as possible, some local governments have even given ordinary civil servants the task of attracting investment; in this situation, market access and supervision have become a formality, coupled with the implementation of a tax package system, with cash transactions as the mainstay, and these markets have become a paradise for smuggling, counterfeiting, trademark infringement, money laundering, tax evasion, and other illegal crimes.

All in all, driven by profits, officials collude with counterfeiting companies, which has caused great trouble to the normal economic order.

At present, the counterfeit enterprises under Fan's Investment Group are not limited to low-voltage electrical appliances and ham sausage products, and now there are various other electronic products, even personal computers produced by PCFANSS, and fakes are popular in the market.

Fan Wuxi felt a little worried about this, although he was not worried that the company would fall because of this, but the increasingly fierce counterfeiting in China really made him very unhappy, which would cause a large number of excellent companies to be knocked down by fakes.

Taking Shanxi's liquor industry as an example, it was originally a very mature and stable industry, but after foreign personnel began to use industrial alcohol blending, the entire market order was completely chaotic, which not only caused a devastating blow to the already formed market, but also greatly reduced consumers' confidence in Jinjiu.

Not to mention others, because after the news of the death of several fake wines was exposed, Fan Wuxi, who originally liked to drink Fenjiu, could only ask the employees of the Shanxi branch to pick up the goods in the distillery in person, so that he could dare to drink such wine.

For ordinary consumers, it is natural to face this huge confusion.

Fan Wuxian thought about it, the high-end products in his own enterprise, it is easier to fight counterfeiting, through the way of opening the voice service telephone, combined with the anti-counterfeiting code of the goods sold themselves, etc., it is easy to help consumers identify the authenticity of the goods, with the help of their company's perfect consumption and management network, the company's high-end products can be sold within the day of all into the company's computer database for the record.

But for low-end products, this is not feasible, it will make the cost rise sharply, and the thing will not be able to sell.

For simple food products such as ham sausages, which have low production thresholds and low input costs, it is difficult to solve the phenomenon of counterfeit and shoddy products.

Fan Wuxian also discussed this issue with his executives, and everyone agreed that the reason why counterfeit and shoddy products are now intensively appearing in the market is because the criminal cost of counterfeiting is very low.

Although the Consumer Rights Protection Law stipulates that you can get double compensation for buying fake goods, in practice, it is not so easy, and the price paid by consumers to prove that a product is a fake is often much higher than the value of the goods themselves.

"We have to make a laser security mark! And some other low-cost and high-tech anti-counterfeiting means! Fan Wuxian instructed his subordinates.

Since it is difficult to solve it by administrative means, it is only possible to resort to technical means.

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