Reflections on the "fishing" anti-counterfeiting incident

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Abstract Many hardware store owners reported on May 12 were suspected of "fishing" anti-counterfeiting traps, which triggered strong concern from all walks of life. In the past few days, Linyi Mall industry owners have been calling the hotline after seeing the report, reflecting that they have experienced the same experience. After the Linyi Wholesalers Association registered in one, called...
Many hardware store owners reported on May 12 were suspected of "fishing" anti-counterfeiting traps, which triggered strong concern from all walks of life. In the past few days, Linyi Mall industry owners have been calling the hotline after seeing the report, reflecting that they have experienced the same experience. After the registration of the Linyi Wholesalers Association, they called for more “fake-off” merchants to stand up and report the case to defend their rights.

On the 12th, the relevant person in charge of the front office of Linyi Station called and said that since May 9th, the market operators have been constantly reflecting the receipt of the court summons. The plaintiffs are all manufacturers of “one to many” grinding discs. In order to violate the plaintiff's trademark exclusive right. According to the staff of the market office, the mall in front of the station is not the first such incident, and there have been cases of prosecution in batches.

"According to our statistics, there are already 6 privately-owned merchants who have received subpoenas, the amount ranges from 7,000 to 8,000 yuan. There are currently 7 cases that have not been processed. I saw the Evening News reported the news of 'fishing' and suspicion. After that, everyone hopes to unite with more merchants who have encountered the same problems and collectively defend their rights through legal channels.” The relevant person in charge of the mall office in front of the station said.

At the same time, the telephone number issued by the Linyi Wholesalers Federation, which led the collective rights protection of merchants, also kept ringing. The Chamber of Commerce’s perennial legal counsel said that after the incident, I have received more than a dozen encounters. Or similar circumstances and suspected that the 'fishing' counterfeit merchant calls, some people in the call said that they represent more than 20 'Mongolian' merchants around to reflect the problem, so roughly counted 'being fake' merchants no less than 100." The legal counsel said that among the "living and lying" merchants, not only many "one-to-many" incidents, but also some stationery and building materials sellers also reported similar incidents, and suspected "fishing" anti-counterfeiting. The area is not limited to the Linyi urban area, and the counties such as Mengyin are also affected.

In order to help the “fake-off” merchants maintain their due rights, Wang Youhua, the relevant person in charge of the Linyi Wholesalers Federation, appealed to those who have encountered this problem to stand up. I hope that the merchants can prepare the report materials in advance and report to the public security organs on the 15th. Collectively defending rights. Merchants who encounter “one to many” events can continue to call the legal hotline 15562905936 to get in touch with the Linyi Wholesalers Association.

Merchants should do a long-term job

Many merchants who have been crawling from the "western suburbs" have faced the "same-fashion" thing of selling and keeping samples, and the awareness of risk prevention is weak, and it also causes "one to many" v. trademark infringements. Hidden hidden dangers. Wang Wenbin, legal counsel of the Linyi Wholesalers Association, reminded the majority of merchants that they should eat a long-term wisdom.

"To do the agency business, we must first make an article on the identity confirmation, product quality confirmation and manufacturer authorization to prevent possible risks." Wang Wenbin said that for strangers who sell at home, you should first check him before receiving the goods. ID card and other documents, and ask for a copy for future contact; at the same time, check the product's certificate, trademark, production license and other "identity information" is qualified; again, is to ask the manufacturer's power of attorney or sales introduction letter And other documents, "Don't think that selling a few samples, you can ignore the above procedures when you are small. Finally, when accepting the products promoted by the other party, you should also sign a paper agreement to stipulate the rights and responsibilities of both parties and avoid possible 'Unexpected' risk."

Reporter's notes

What is left of the "one-to-many" incident?


This time, due to the "one to many" anti-counterfeiting incident that some merchants dared to stand up and fight out, the search in Baidu can be found that the suspicion of "fishing" anti-counterfeiting has already flooded the network and swept across many cities across the country. Among them, several key words that have been repeatedly mentioned and can not be avoided are “bulk prosecution”, “quick mediation”, “profit from it” and so on. In this fight against counterfeiting, what is wrong is probably not judged at present. But is the "one to many" fake leave left alone? This is a question that deserves more thought.

On the 11th, the reporter typed the words “one to many” and “fishing and counterfeiting” in Baidu, and found that the “sounding” media in addition to “Xiamen Business Daily”, “Dongguan Times” and many other local media, as well as “Jinghua” Times, "China Daily", CCTV and other media with national influence, the events are mostly concentrated in 2012 to 2013, and at this time, the "time bomb" of strangers selling and sample-selling samples has already been cast in Linyi Mall.

In this fight against counterfeiting, the two sides can be described as incompatible with each other. Hardware merchants accuse the "one to many" devastating, while manufacturers insist that the counterfeiting is reasonable and legal, but it is undoubted that the two sides of the anti-counterfeiting incident have been affected to varying degrees. hurt. "One to many" anti-counterfeiting, but they will fight the "bad cards" that adult people call, and for those who are sued, they should learn from this matter, improve the legal awareness of intellectual property protection, regulate the purchase channels, etc. To circumvent legal risks.

Instilling intellectual property protection into the mall business may have been a long process. However, after the “one-to-many” anti-counterfeiting incident broke out, almost overnight, the merchants who learned the incident recognized the importance of intellectual property, and this understanding would be a potential benefit and eventually translated into Positive effect.

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