Chapter 358: Professional Counterfeiters

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However, it is easy to suppress the local government officials who are fake companies with Fan Wuxi's current connections, but it is somewhat inappropriate to do so.

The so-called singles do not block people's money, although it is more domineering, but it is also easy to offend people, after all, people rely on this to accumulate political achievements, your side is for your own interests, and people act as a protective umbrella for their own interests.

No matter how big a backer you are, as long as you block the upward channel of others, you will be hated by others.

Fan Wuxian took the time to contact the headquarters and explained his guiding principles, asking them to come up with some targeted anti-counterfeiting measures as soon as possible, and to make a quick response in combination with advertisements to inform the majority of users about the matter.

It stands to reason that cracking down on counterfeiting is originally a matter within the responsibility of government functional departments, and the crackdown on counterfeiting by enterprises is a last resort, which is forced to go to Liangshan. In addition to dealing with counterfeiters, companies also have to spend a lot of energy and functional departments. Not only that, if the products of domestic enterprises are counterfeited, they are most afraid of media exposure, because once exposed, it is easy to lead to the loss of user groups, and the high budget is difficult to ensure the planning and continuity of the anti-counterfeiting, and most domestic manufacturers think that they do not have this capital for the time being. ()

Almost all the enterprises involved in the crackdown on counterfeiting believe that the punishment for the production and sale of counterfeit goods in China is too light, which is the core problem of the current anti-counterfeiting work. The light punishment will not only make the crackdown on counterfeiting lose its due deterrent effect, but will also form the whole society to tolerate counterfeiting, promote local protection and departmental protection, and even give rise to the strange theory that counterfeiting can develop the local economy.

After discussing it for a long time, Fan Wuzhi and others held that only by intensifying the criminal investigation and punishment of counterfeiters and their accomplices can the problem of making and selling counterfeit goods in China be effectively solved. From a legislative perspective, the biggest obstacle to criminal prosecution is the lack of clear and appropriate legal provisions to determine whether the manufacture and sale of counterfeit products constitutes a crime or is merely punishable by administrative penalties such as fines and confiscation.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO) establishes a global standard for criminal liability of offenders who manufacture and sell counterfeit products, i.e., any case of counterfeiting on a commercial scale should be criminally prosecuted, but domestic laws and judicial interpretations do not meet these standards in this regard. (All overdrive updates:\. SOSO999\.COM)

In addition, there are several interrelated practical problems that also hinder the judicial authorities from investigating and prosecuting counterfeiters in criminal cases, including the lack of necessary manpower and material resources for the public security and procuratorial departments, the inadequate training of law enforcement personnel, the prevalence of local protectionism, and the lack of coordination and cooperation between the administrative and judicial authorities. The involvement of the public security organs and the investigation and collection of evidence should begin after the illegal act of manufacturing and selling counterfeit products has been established, and should not be after the criminal act meets the standards for prosecution prescribed by law.

These specific operational issues are related to the above-mentioned legal issues regarding the standard of prosecution. Administrative and judicial authorities usually refuse to pursue criminal liability in counterfeiting cases because the standards for criminal prosecution are unclear or too strict, such as the legal requirement to provide evidence to prove that counterfeiters have sold or manufactured counterfeit goods worth more than RMB 50,000. ()

The practice of substituting fines for criminal punishment is also quite common, and because of the shortage of funds and profits, as well as the ambiguity of laws and regulations and the lack of precise restraints, law enforcement departments often do not seriously collect evidence and investigate some counterfeit acts that have already been suspected of committing crimes, and generally close the case by confiscating counterfeit products, confiscating illegal gains, and imposing fines, rather than transferring the case to the public security organs.

Therefore, the criminal cost of counterfeiting is very low, so many people are happy to do it.

It didn't take long for Davis to call him and ask him to pay attention to a news report on the fight against counterfeiting in China.

Fan Wuxian flipped through the newspaper, and sure enough, he found the anti-counterfeiting news that Davis said, but at first glance, he was a familiar figure, that is, Wang Hai, who is famous all over the country for his professional anti-counterfeiting.

At the beginning of the year, Wang Hai saw the introduction of the Consumer Rights Protection Law, and at that time he was studying legal knowledge in a correspondence class, so he wanted to see if this thing was really useful, so he bought two Sony headphones in the mall with the mentality of trying it out. ()

Then he took the headset to the consumer association, but did not find it, so he found the quality inspection department, the quality inspection said that they do not identify the goods purchased by individuals, so he found the industry and commerce, and the industry and commerce said that the quality inspection department must issue a certificate to prove that the headphones are fake. After running back and forth several times, the identification was not successful. So he went to the mall and bought all the remaining ten, and went to the industrial and commercial bureau to ask the industrial and commercial bureau to help me return the goods.

The mall took the initiative to return the goods, but there was no compensation, and it was not clear whether his goods were fakes, but they just gave him the money.

Later, when he came to Beijing for the second time, he got the compensation from the mall. At that time, it also caught up with Beijing's promulgation and implementation of the "Consumption

The detailed rules for the implementation of the protection law, he thought that the law was more clear, and he went to the mall to buy some counterfeit and shoddy products, and this time the effect was better, and finally he got a total of more than 8,000 yuan in compensation. ()

Later, Wang Hai began the process of professional anti-counterfeiting, this kind of anti-counterfeiting behavior with the main purpose of obtaining compensation has attracted the attention of the media, some hostages this is a means of black and black, thinking that there is a lack of legal basis for doing so, but some people think that the basis of black and black is that someone is making and selling counterfeits, so although the professional anti-counterfeiting is for the purpose of profit, it also objectively restricts the wanton expansion of counterfeiting and counterfeiting.

Fan Wuxi was inspired by this, and felt that it was not bad to hire someone to fight fakes, saving himself time and effort to pay attention to these things, which could be regarded as an agent system, so he asked people to contact Wang Hai.

At this time, he was fighting counterfeits for a company that produced motorcycle trunks, and he had eliminated more than a dozen dens and made some money, but he always felt that the remuneration was still less, but he didn't expect that a large company like Fan's Investment Group would find him.

As soon as Wang Hai saw Fan Wuxi, he talked to him about his experience in fighting counterfeiting, "If you want to crack down on counterfeiting merchants now, you must be dispatched by industry and commerce and public security, otherwise it will have no effect." (Mobile phone AP browsing search 999) because the industrial and commercial bureau does not exercise the power to arrest, even if it finds the den and finds the counterfeiter, it can only fine and confiscate the product, and people cannot be arrested, because there is no such power. Therefore, it often leads to such a phenomenon: the industrial and commercial department confiscates the counterfeit goods and issues a fine to the counterfeiter, but the counterfeiter runs away the next day and the fine is gone. If the industrial and commercial bureau is given the right to catch counterfeiters, the effect will be much better. Another point is the inaction of the department. Big enterprises dare not touch it, and small enterprises are too lazy to catch it. Large enterprises either have a hard background or generate more income, which is helpful to local fiscal revenues and cannot be easily offended; Small businesses can't be fined much if they come out. So many counterfeit manufacturers have been let go. Therefore, I suggest that we should establish a system of acceptance receipts, and that there must be a record of acceptance after reporting, whether there is an investigation and punishment, and what the result of the investigation is, all of which should be known to the whistleblower, and also avoid the inaction of government officials. ”

"This kind of thing involves too wide a range of issues, at least at this stage, and it cannot be resolved, because of the relationship of interests, your consideration of joint law enforcement will not work at all." Fan Wuxian directly denied Wang Hai's idea.

In fact, Fan Wuxian himself knows that there is a way to so-called piracy, and the reasons for the rampant piracy of counterfeit goods in China are also very clear, taking audio-visual products and software products as examples, the most serious intellectual property infringement industries are mainly caused by improper pricing policies in these industries.

Due to the improper pricing policies of these industries, the prices of most audio-visual products and software at that time seriously deviated from the purchasing power of domestic consumers. For example, if a system software sells for $99 in the United States, it is acceptable for American consumers with an annual per capita income of $20,000, but the per capita annual disposable income of Chinese urban residents in the same year was only 4,283 yuan, equivalent to more than $500.

But software sold for $99 in the U.S. is generally priced at more than 1,000 yuan in China, which is usually more expensive than what is sold abroad.

Such pricing is a big expense for most urban Chinese consumers, and even more so for rural consumers.

Due to the failure of the pricing policy, there is a huge market demand for pirated audio-visual products and software, and even consumers who would have wanted to buy genuine copies at reasonable prices have to throw themselves into the arms of piracy.

Compared with the huge losses caused to the infringed party every year, the risk and cost of violating the law of intellectual property infringement are still very low. In addition, China's large group of low-income consumers has a huge market demand for cheap goods, and it is easy for IP-infringing goods to occupy this market with a price advantage.

"I don't care about the general environment, and I don't have the qualifications to care, what I want you to do is to find the counterfeiting dens against my company, and then destroy them, as for the compensation, you can talk directly to my executives, and you won't be disappointed." Fan Wuxian said to Wang Hai.

"As long as the price is right, I'm happy to do the job." Wang Hai replied.

Since it hit it off, then the next thing is simple, the two sides signed a formal contract, Wang Hai and others newly established anti-counterfeiting company became a partner of Fan's Investment Group, specializing in providing professional services for the companies under Fan's Investment Group.

Fan Wuxian arranged the matter here, and Fan Heng called him over there, saying that the new appointment and dismissal order had come down.

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