When it comes to rights protection, people naturally associate it with consumers. In fact, companies that serve as providers of products and services also have rights protection issues. On the occasion of the “3·15†International Consumer Rights Day, when reporters interviewed a number of furniture companies, they found that most companies have encountered various types of infringements, including trademark infringement and appearance patent infringement.
Experts said that due to the low cost of infringement and high profits, infringement cases have been repeatedly banned. When enterprises face infringement problems, they not only lack the awareness of autonomous rights protection, but are often scared off by the complicated and complicated process of rights protection, so they choose to swallow their voices or privately. In the long run, industry development will suffer adversely.
Imitating plagiarism is hard to return
"In our industry, it is impossible to plagiarize counterfeiting, because he (the plagiarist) is in the dark, you can't stop him in advance." Hong Xiaoshan, vice president of Shenzhen Sofa Company, told reporters that between enterprises Mutual plagiarism has become a hidden secret in the furniture industry, and the object of plagiarism is mainly the appearance of furniture products.
Behind the plagiarism of furniture companies, there are loopholes in the protection of intellectual property rights in the industry. Such behaviors have greatly damped the enthusiasm of enterprise innovation.
It is understood that the scope of intellectual property in the furniture industry mainly includes special woodworking machinery, processing technology, new materials, furniture brands, design patents and so on. With the general improvement of the technology level, the competitiveness of furniture companies is mostly concentrated on the design of products. The innovative style of the furniture and the resulting patent protection of the design have become the core of the competitiveness of modern furniture companies.
However, in recent years, litigation concerning intellectual property infringement disputes has occurred frequently in the furniture manufacturing industry, and it has become increasingly fierce. Experts said that the current domestic furniture industry has less independent innovation and the original design has not been valued, which has seriously hindered the healthy and orderly development of the furniture industry.
"The reason why the furniture industry is popular in plagiarism is because the products need to invest a lot of manpower and material resources in the research and development and design stages. Large furniture companies can afford this cost, but for most small and medium-sized enterprises, plagiarism is The most direct and cheapest shortcut."
A person in charge of a furniture manufacturing company revealed that the company launched a new product, from market research to design and production, material testing, and mold development. The cost will be 100,000 yuan for half a year, and the market approval ratio is often less than half. The average success rate is only In the 30% - 40%, but the imitation does not have to bear any market risk, see which one is popular to imitation.
"Imitation as a second innovation, there is nothing wrong with it. Some beautiful styles have become popular in the world immediately after launch. You can of course imitate." Huang Weiye, president of Shenzhen Furniture Industry Association, believes that in the furniture industry, plagiarism Imitation may still survive for many years. Plagiarism imitation is not without merit. Many innovative products are built on the basis of imitation. "Others imitate your product, indicating that your product is doing well and the quality of the product is excellent."
However, he also said that the products produced on the basis of imitation should be different from the original products, and the imitation should have certain scales. This has standards and judgments in the industry rules and laws and regulations. Imitation of full-copy imitation will not only disrupt the market environment, but also cause Chinese companies to lose their ability to innovate, and may eventually ruin the future of the domestic furniture industry.
The cost of rights protection is too high, the company is discouraged
The reporter learned that at present, China's new products for the furniture industry only have a protection policy for appearance. Specifically, after the relevant identification by the State Intellectual Property Office of the People's Republic of China, certificates and related review documents, patent numbers, etc. are issued to the enterprises and products. .
According to the "Patent Law of the People's Republic of China", after the design patent right is granted, no unit or individual may implement its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import it for the purpose of production and operation. Design patented products.
However, this protection is limited to the appearance of the product, and only if the appearance of the product has a similarity rate of more than 80%, can it be confirmed as plagiarism or copying the appearance of the product, which means that the counterfeiter only slightly modifies the process of the product, Modeling can easily avoid infringement punishment. "The law determines the similarity rate of products is also vague, the conclusion is not completely given by experts, but requires that the average person can see the similarities, can be identified as similar." In addition, enterprises want to protect their products, The premise is that the product has applied for a patent for appearance. "If your product is not patented, it will be copied by others, and there is no way to protect rights. Now there are still many companies that do not pay much attention to applying for patents, which always feels too much trouble." Experts said.
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