The word “cottage†is derived from Cantonese and is “small, small-scale†or even “underground factoryâ€. Its main features are counterfeiting, rapidization and civilianization. Although the "cottage" behavior provides a lot of cost-effective products for the market, it also infringes on the intellectual property and economic interests of innovative enterprises and affects the overall innovation power of the society. A survey conducted by the Development Research Center of the State Council showed that 5% of the goods in the domestic market are fakes, and the total number of counterfeit goods is between 160 billion and 200 billion yuan, resulting in a national tax loss of nearly 30 billion yuan, and this figure may It will rise. As one of the important consumer industries, the home industry has also been greatly affected by the “cottage†products.
Home market cottage
1 piece of bathroom products 240 enterprises cottage
According to the staff of China Ceramic Industry Association, many well-known ceramic sanitary ware enterprises in China have been in the lawsuit against counterfeiters in recent years. A new product of a large ceramic enterprise in Guangdong has more than 240 counterfeit enterprises. The situation of the cottage in the home market is awkward. Not only are the patented products of large enterprises being shackled, but the original designs of many small and medium-sized enterprises are also counterfeited.
SouFun Home Network reporter recently visited a number of home stores, found that many furniture, building materials, cabinet styles are similar, there is not much difference. Many different brands of household products have very similar appearances and are even difficult to distinguish, but the price is different. The reporter visited some small furniture factories, and the relevant person in charge said that as long as they look good, no matter what brand they can do.
Serious homogenization of household products
It’s hard to judge whether it’s plagiarism
The design of home products has gradually become a core intellectual property. However, due to the fact that domestic original design has just started, product homogeneity and plagiarism have occurred, and many large-scale home furnishing companies can only be helpless.
The plagiarism of furniture appearance has become a hidden rule of the industry. According to the "Legal Daily" report, the international furniture fair held in Shanghai on September 11 last year became a "counterfeiting position." On the first day of the opening of the exhibition, Beijing manufacturers submitted an application for rights protection to the relevant departments of the Shanghai Home Furnishing Exhibition Organizing Committee, alleging that several pieces of furniture belonging to another furniture company's brand were suspected of infringing the design patent. The next day, after five hours of argumentation and comparison, the Shanghai Furniture Fair intellectual property rights lawyer determined that plagiarism was not established. Relevant persons said that the results of the comparison, the details of the appearance and lines of the two products are mostly different, and at the same time have a patent certificate.
In recent years, at the major exhibitions, you can see the figure of “cottage†furniture, and “no rights to the exhibition†seems to be the endorsement of the furniture exhibition. The “cottage†furniture has been repeatedly identified, but in the end who copied the design ideas, no one can say clearly.
R&D investment in low-altitude low cost
Many companies are counterfeiting products for cost reduction
Many companies are reluctant to develop technology and design their own appearance, but to counterfeit or directly use other people's patents. This is because the development of technology and the design of the appearance often require high costs, and it takes a long period of time, and the performance in the market is often unknown. Enterprises are more willing to develop their own technology rather than bear the unknown risks, not to mention the cost of the cottage is very low. Therefore, home furnishing enterprises have become the hardest hit area for intellectual property protection.
Enterprise rights protection costs are difficult
Genuine companies are often unable to pursue the products
At present, the high cost of intellectual property rights protection has become an indisputable fact. According to relevant legal persons, since the patent lawsuits of household enterprises generally only involve intellectual property infringement, even if the compensation amount is not high, and the time span is long. Now some genuine companies have spent huge sums of money investigating infringements, and the lawsuit won only a few thousand dollars in compensation. Many companies are very helpless in the face of infringement, and finally chose to withdraw. Even if they want to defend their rights, in the face of the great difficulties of defending their rights, most companies have chosen to close their eyes.
The state values ​​intellectual property protection
Home furnishing companies hope to reduce the cost of rights protection
At present, there are many legal policies for patent protection of household products in China, mainly including patent law, copyright law and trademark law. The patent law protects the product appearance and technical patents; the copyright law protects original product design drawings; the trademark law protects the trademark rights of products.
For example, according to the Copyright Law, such household products used in life belong to practical works of art, that is, works of art with practical uses. Some enterprises copy the design works of others according to the needs of customers, which actually directly infringes the copyrights of others. If the right holder applies for a design for the functional art work, then the counterfeiters are also suspected of infringing on the patent rights of others. Even if the right holder does not apply for the design of his practical works of art, these practical works of art are still protected by the copyright law, and the owner of the work may require the infringer to bear the responsibility of stopping the loss of the infringement compensation according to the copyright law.
In China, registration of works is a voluntary principle, and whoever applies for registration is the name of the person. In terms of effectiveness, the prior registrant defaults to the right holder. Of course, because the "threshold" of copyright is relatively low, it is risky for rights holders to maintain rights only in accordance with registered works in the process of rights protection. If the manufacturer sells the trademark on the basis of counterfeiting the works of art, the case is even more serious. It is suspected of violating the relevant laws and regulations of the Trademark Law and the Anti-Unfair Competition Law. If the situation is serious, criminal responsibility may also be involved.
Under the strong protection of existing laws, home furnishing enterprises should strive to innovate and actively defend their rights. At the same time, enterprises also hope that the state can continue to improve relevant laws and regulations and reduce the cost of intellectual property rights protection.
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