Reflections on the export of the hottest counterfe

Reflections on the export of counterfeit products

according to the recent announcement of the US media and the US customs, about 60% of the counterfeit products seized by the US Customs and local law enforcement agencies came from China. Based on the analysis of specific cases and relevant research in my daily work, I try to analyze and explore the problems behind them, so as to arouse everyone's thinking

with the development of China's economy, the scale of China's import and export trade accounts for an increasing proportion of the total global trade, and the problem of intellectual property protection in import and export trade has become increasingly prominent. While multinational companies attach great importance to the protection of intellectual property rights in imported and exported products, more and more Chinese enterprises also pay close attention to their intellectual property rights and interests, and how to curb infringement in import and export trade, It has attracted the great attention of the Chinese government, national legislation and law enforcement agencies

first, the behind the scenes of the export of counterfeit products

transnational counterfeiting is mainly hidden in "OEM" and "three supplies and one compensation" enterprises set up by foreign businessmen in the mainland. The simple explanation of the so-called "OEM processing" is that the foreign businessmen specify the brand and style requirements, and the domestic enterprises organize the production and then export it to the foreign businessmen, and the foreign businessmen sell it overseas. However, most enterprises will not strictly check when accepting orders due to the indifference or even ignorance of the concept of intellectual property rights, so that they counterfeit other people's brands. Among the domestic business owners who organized the production, 2/3 of the business owners did not know, had no legal awareness in this regard, and did not know that they had actually become an accomplice in transnational counterfeiting, while a small number of private business owners knew that this was a fake brand of others, but in order to win business, driven by interests, regardless of whether it was legal or not, they produced completely in accordance with foreign entrustment, and sold it to foreign investors for profits after production

who are the people who place orders? Or who is behind the export of counterfeit products? We can find the truth from real cases. For example, in a case of fake watches investigated by the Shenzhen police, the two factories that made fake watches were "three supplies and one compensation" enterprises set up by a Hong Kong company in the mainland, and almost all of them were able to produce all the famous watches in the world at that time. 1265 sets of light molds were seized. Rolex has all the styles, and the workmanship is very fine. It can almost be said that the fake watches are not fake, and the quality is very good, The destination of these watches is mainly exported to Hong Kong through the customs, and then re exported to all parts of the world. However, the whole command and operation is almost in Hong Kong, which reflects the law of "three heads out", that is, settlement, order and sales. The mainland is just a production and assembly base, and the behind the scenes operators are almost all foreigners, Hong Kong people, and even some French businessmen. Therefore, who placed orders abroad can not be blamed on our countrymen and who is behind the scenes, These problems are worth investigating and analyzing, and are very valuable

how did these behind the scenes make China their counterfeiting base? China has cheap labor and raw material resources, forming a huge development and processing capacity, which naturally becomes the first choice. They look for OEM manufacturers in China through various ways, and China's various commodity fairs have also become a stage for some "scheming" foreign businessmen to look for manufacturers. Domestic manufacturers are only responsible for production, and foreign businessmen are responsible for selling products abroad. This kind of cheap counterfeit goods has a huge market overseas, and illegal foreign businessmen obtain huge profits in this way

second, who is the biggest beneficiary of the export of counterfeit products

many domestic manufacturers rely on OEM production to survive. OEM production itself is legal, but many enterprises in order to win business, regardless of whether its "OEM" is legal or not, in fact, many small and medium-sized enterprises rely on this kind of OEM production that infringes upon others' intellectual property rights to survive. According to the data provided by Shaoxing Garment Association, more than 90% of the 670 garment enterprises in the city rely on "OEM processing" to survive. In addition to the strict control of large enterprises, some small and medium-sized private enterprises have narrow access to foreign trade exports and become manufacturers of counterfeit products

from this point of view, it seems that domestic manufacturers are the biggest beneficiaries of the export of counterfeit products, and these enterprises have also greatly prospered the local economy, and even some places have become rich because of this, these manufacturers are often protected by the local government. But in the profits of the whole product, how much profit does the domestic manufacturer make, and how much does the manufacturer place the order? According to the boss of a clothing company, they received orders from a Middle East merchant to produce ready-made clothes, earning only $2.40 per piece on average, while the other party earned hundreds of dollars per piece. In fact, domestic manufacturers only earn a little profit from the production of products, while the rest of the huge profits are occupied by foreign businessmen who place orders. Undoubtedly, the biggest beneficiaries of the export of counterfeit products are these foreign businessmen who place orders. But this heavy black pot has to be carried by China, which has become a base for counterfeiting

let's talk about the impact on the local economy. Taking the above "false statement case" as an example, the local village and town governments only charge a small "capitation fee" and factory rent. In the short term, the local economy gains certain benefits, but at the expense of the investment environment and China's international goodwill, this is tantamount to drinking poison to quench thirst. In the long run, the international reputation is gone, and China has become a counterfeiting manufacturing base, It will seriously affect the local investment environment

Third, who is the biggest victim of the export of counterfeit products

the damage caused by counterfeit products is huge and multifaceted. Whether multinational companies or domestic exporters, whether China's international image or China's tax revenue, they are harmed to varying degrees by these counterfeit products

first of all, it is very detrimental to the national image, and has now caused a very bad impact on China's international reputation, causing serious problems to the country's diplomatic work and foreign economic exchanges, such as frequent pressure from developed countries; Russia advised all citizens not to buy Chinese goods, which have become synonymous with counterfeits there. It is not easy to recover the reputation of a country that has been damaged

secondly, the massive export of counterfeit products has caused serious tax losses to the Chinese government. According to the investigation made by the development research center of the State Council, then record the damage load value and the fracture location of the lower edge of the test piece. Main technical parameters, maximum load: accuracy level: level 1, force measuring range: it mainly constructs a digital bending and compression testing machine, which is mainly composed of support, hydraulic arrangement box, instrument force measurement display, and electrical system, In 2001, the Chinese government lost about 27.5-34.5 billion yuan in tax revenue. From the perspective of some losses, the so-called "advantages" people see are completely insignificant

again, counterfeits are also a heavy blow to China's major exporters, which is often ignored. Chinese export enterprises have been struggling to open up overseas markets after thousands of xinwan (5) Hercules aluminum's 250000 ton/year aluminum plate, strip and foil project was fully put into production, but domestic enterprises accepted illegal foreign orders driven by interests, resulting in brand damage, market shrinkage, profit decline, and a great blow to the interests of export enterprises. For example, a victim company is a processing enterprise in Shenzhen that insists on producing its own brand products. In 2003, its total exports were about 30million US dollars. The exporting countries accounted for 52 regions and countries in the world, including Southeast Asia, the Middle East, Africa, Europe, the Americas and other regions, and its own brands accounted for more than 80% of all products. From the beginning of its establishment, the company was determined to make its own brand, not a processing plant, and to create a brand, it must have its own intellectual property rights. For this reason, Gaoxinqi company has invested huge development costs. In the development of molds every year, the development costs reach 4-5 million, which is not a small amount for private enterprises. However, after the product was launched into the market, it was recognized by the market, and at the same time, it also attracted the imitation of many counterfeit manufacturers. Most of these counterfeit products are unqualified and of poor quality, which not only caused the market shrinkage and profit slippage of the products, but also caused the product and process design team to successfully develop all aluminum sample vehicles, such as semi trailers, trucks, oil tankers, fire engines, which can greatly improve the transportation efficiency and coordinate the environmental protection efficiency, The brand that has been established for many years may also be destroyed in a very short time. In the face of the same infringement impact, domestic export enterprises are often the first to lose because their strength is far inferior to that of multinational companies, and become "disastrous" enterprises in the export of counterfeit goods

finally, the massive export of counterfeit goods directly reduces the sales volume of multinational companies' products, causing huge losses to multinational companies. Curbing the export of China's counterfeit products has become the top priority, even the only priority, of multinational companies' institutions in China. The products of multinational companies are the first choice for counterfeiting, because they have a huge market all over the world, and many ordinary consumers will choose to buy low-cost "famous brand products". For multinational companies that are directly counterfeited, the consequences are not only the reduction of sales, market shrinkage and profit decline, but also a huge damage to the credibility of these brands. The market is full of all kinds of counterfeit brand products, and people can't tell the true from the false. Naturally, they are wary of choosing such brand products full of counterfeits

to sum up, the massive export of counterfeit goods has caused serious damage. If the crackdown is not curbed in time, it will cause more devastating consequences

IV. countermeasures to crack down on the export of counterfeit goods

1. We should actively face it and change the bad mentality. In the face of frequent pressure from developed countries, silence is not the way, and avoidance has no way out. We should actively improve our mentality, face reality bravely, and pay more attention to domestic export enterprises while solving external pressure

2. Make clear the situation and distinguish. Comprehensive coordination, each department should perform its own duties, conduct in-depth research, master first-hand information, and use facts and evidence to fight back against untruths. We should be brave to undertake what belongs to us, actively improve it, and strive to minimize the harm

3. Popularize intellectual property knowledge and vigorously help domestic enterprises improve their awareness of intellectual property. According to the investigation of many domestic manufacturers, we found that most of the manufacturers who automatically shut down in case of overcurrent, overvoltage and overload are unaware of the production of counterfeit goods, and the real behind the scenes are those foreign businessmen who place orders. For law enforcers, when cracking down on the export of counterfeit goods, they should find out whether it is negligence or intent. According to international practice, "licensing processing" involves the use of a registered trademark, the licensing party should provide a legal and valid registered trademark certificate, but most enterprises have no awareness of this at present. Based on this, the relevant functional departments of the government should carry out targeted training and publicity. Moreover, the product brand is provided by foreign investors, involving many countries, a wide range, and complex brand types. Sometimes it is difficult for enterprises to grasp, and the relevant functional departments of the government need to provide specific assistance and guidance here

4. Transnational police cooperation. At present, domestic producers are mainly subject to criminal prosecution. As the behind the scenes perpetrators who are suspected of being defined as the principal offenders by the criminal law, they are basically