"The low-voltage electrical product models will be protected by the judiciary, and the 'Li Gui' can no longer be free." This statement from the legal profession has undoubtedly become a big plus for the low-voltage electrical industry.
Not long ago, Liu Boning, deputy secretary general of China Electrical Equipment Industry Association, excitedly told reporters that this information worthy of the low-voltage electrical industry celebration.
After further understanding, in the long-standing disputes over the types of low-voltage electrical products, not long ago, Zhejiang, Sichuan, and Jiangsu provinces all made corresponding judicial interpretations, clearly protecting the famous enterprises, and pointing the counterfeiters with legal coats. At the same time, Guan Zuyan and Min Min, judges of the Intermediate People's Court of Suzhou City, Jiangsu Province, published an article entitled “The Judicial Protection of Well-known Models of Low-Voltage Electrical Products†in the “Law and Lawyer†publication, which is a high-profile statement on the protection of corporate intellectual property rights. .
All kinds of phenomena clearly convey a message. The dispute over the type of low-voltage electrical products will be law-abiding, and the protection of corporate intellectual property rights has been highly concerned by the law.
Event playback of low-voltage electrical well-known product models have been counterfeited, has been the industry's "disease", how to use legal protection of product models has become the biggest problem for famous enterprises for many years.
Changshu Switch Manufacturing Co., Ltd., which has a market share of 27%, invested in plastic case circuit breakers with different current levels as early as 1993, and applied for the model number CM1. In 2004, the model was found to be counterfeit. Since there is no direct protection mechanism for product models in the existing judicial system, they can only take the form of legal proceedings.
According to incomplete statistics, in the past two years, the "CM1" of Changshu Switch Manufacturing Co., Ltd., the "TM30" of Tianjin Baili Electric Co., Ltd., and the "HSM1" of Hangshen Holding Group Co., Ltd. Small businesses are counterfeiting, making a lot of counterfeiting and selling activities, and making huge profits.
According to reports, the model of low-voltage electrical products is a relatively special "multi-issue neck" in the intellectual property case of the electrical industry. In particular, the industry's leading companies are plagued by counterfeiters such as "famous brand" and "free-riding" and become the "hardest hit". The economic interests and market reputation of these enterprises have been greatly damaged.
To this end, well-known companies have launched rights protection campaigns and launched a defense of intellectual property rights. However, it took 2 to 3 years and a lot of manpower, material resources and financial resources to fight the lawsuit, but the effect was not satisfactory. Even if the lawsuit wins, the new counterfeit model phenomenon will happen again.
Where is the reason? In this regard, industry associations and enterprises have a more consistent view that although the AQSIQ Law Enforcement and Supervision Department has done a lot of work in the anti-counterfeiting work in the low-voltage electrical industry, it has achieved certain results, but due to the Administration for Industry and Commerce, the State Certification and Accreditation Administration, and China's quality. Certification centers and so on are independent law enforcement, lack of collaboration, and there is a phenomenon of “law enforcement islandsâ€, which causes counterfeiters to navigate the gap between isolated islands.
From the perspective of the whole industry, this phenomenon of fish-eye mixing not only makes the market order increasingly chaotic, but also seriously affects the reliable operation of the power supply system and the safety of the site. In this regard, Yang Qiming, deputy chairman and secretary-general of China Electrical Equipment Industry Association, Liu Boning, deputy secretary-general, and He Ruihua, secretary general of the Low Voltage Electrical Appliances Branch, have repeatedly called on the relevant state departments to establish relevant laws and regulations as soon as possible. Some protection.
Many law-abiding companies are eagerly awaiting: we can no longer let us suffer undue harm in the face of "no legal basis", and we can no longer let "Li Gui" be free.
The judge’s high-profile statement has become increasingly fierce as the battle for low-voltage electrical product models has intensified, and intellectual property work has begun to “go into†the judge’s “line of sight†and become the “new focus†of attention.
It is commendable that some local laws and regulations against unfair competition have made breakthroughs. It is understood that the "Shanghai Anti-Unfair Competition Regulations", "Sichuan Province Anti-Unfair Competition Regulations", "Jiangsu Province Implementation of the "Anti-Unfair Competition Law" and other local regulations) will represent the company name, graphics, code name The mark of the class is included in the scope of adjustment of the regulations.
The adjustment of the content of the regulations clearly extends the scope of the provisions of the Anti-Unfair Competition Law. These regulations, from the trend of international legislation prohibiting market confusing behavior, will extend the scope of protection for counterfeit goods or service marks.
Recently, the judges of the Intermediate People's Court of Suzhou City, Jiangsu Province, Guan Zuyan and Min Min wrote an article. The three legal disputes on the well-known product models of Changshu Switch Manufacturing Co., Ltd. clearly indicate one of the standing views of support: the definition of counterfeit well-known goods. The article clearly states that counterfeiters use the name, packaging, decoration, or the name, packaging, and decoration similar to well-known goods without authorization, and the behavior that is confused with other people's well-known goods is unfair competition.
The second point of view: the counterfeit product model has legal issues with the unique name of a well-known product. In response to the defendant’s proposal that “CM1 is a product model rather than a unique nameâ€, the article states: “CM1â€
It is a proprietary model of Changshu Switch Manufacturing Co., Ltd. series plastic case circuit breaker products, and also meets the characteristics of well-known product-specific names. It is used over a long period of time and has a deeper mark than the model number and the meaning of a specific product.
The third point of view: subjectively, the counterfeiting consciousness caused by consumers to misunderstand is unfair competition behavior. This article exemplifies and falsifies the use of names, packaging, and decoration that are similar to well-known goods as unfair competition.
Accordingly, according to the particularity of the lawsuit of low-voltage electrical products, the two judges recommended that China's "Anti-Unfair Competition Law" be adjusted accordingly, and that "other signs indicating goods or services" should also be included in the scope of anti-unfair competition law protection. .
The rights and responsibilities of the reporters have learned that the high-risk period of intellectual property disputes in China has arrived in advance, and disputes between enterprises are on the rise. In the face of the low-voltage electrical industry, there are many "manufacturing" and few "creation" status. How to guide enterprises to vigorously develop independent intellectual property rights and form a benign restraint mechanism?
Liu Boning, deputy secretary general of China Electrical Equipment Industry Association, said in an interview recently that after long-term efforts of industry, enterprises and media, the intellectual property protection work of low-voltage electrical industry has achieved good results, but it still faces severe tests and deficiencies. At present, the legal profession has called for the revision of the anti-unfair competition law, and the industry is applauding. He said that in the recent past, there have been two gratifying changes in the industry: First, enterprises have learned to actively respond to intellectual property disputes; second, companies that rely on “halogen and “counterfeit†profits are increasingly subject to the law. "emphasis".
After experiencing the counterfeit product model lawsuit, the company may have a deeper understanding and understanding of the protection of intellectual property rights. Zhang Jianjiang, general manager of Hangshen Holding Group Co., Ltd., who won the lawsuit not long ago, said in an interview in late May that enhancing intellectual property rights should be a wise choice for enterprises. Enterprises are keen on “imitationâ€, where does innovation come from? Without core technology, lack of intellectual property rights, and lack of innovative capabilities, companies have no development potential.
The intensity of counterfeiting is constantly increasing, and the means of “Li Gui†will be more changeable. How to do a good job in intellectual property protection? "You must first protect yourself, block all kinds of loopholes, and make the counterfeiters seamlessly drillable. Once you find that the counterfeiters are fighting hard, they will accompany them to the end." As the country's first successful winner of the illegal use of product models, Tianjin 100 Liang Yan, deputy general manager of Lee Electric Co., Ltd., said in a recent conversation with reporters.
Note: China Industrial News has made a special report on the issue of “Protection of IPR Low Voltage Electrical Appliances Industryâ€. Please pay attention to the facts of the B3 version on February 7, 2006 and the B3 version on February 14th. The sex has not been confirmed by the international electrical network, for your reference only.
Not long ago, Liu Boning, deputy secretary general of China Electrical Equipment Industry Association, excitedly told reporters that this information worthy of the low-voltage electrical industry celebration.
After further understanding, in the long-standing disputes over the types of low-voltage electrical products, not long ago, Zhejiang, Sichuan, and Jiangsu provinces all made corresponding judicial interpretations, clearly protecting the famous enterprises, and pointing the counterfeiters with legal coats. At the same time, Guan Zuyan and Min Min, judges of the Intermediate People's Court of Suzhou City, Jiangsu Province, published an article entitled “The Judicial Protection of Well-known Models of Low-Voltage Electrical Products†in the “Law and Lawyer†publication, which is a high-profile statement on the protection of corporate intellectual property rights. .
All kinds of phenomena clearly convey a message. The dispute over the type of low-voltage electrical products will be law-abiding, and the protection of corporate intellectual property rights has been highly concerned by the law.
Event playback of low-voltage electrical well-known product models have been counterfeited, has been the industry's "disease", how to use legal protection of product models has become the biggest problem for famous enterprises for many years.
Changshu Switch Manufacturing Co., Ltd., which has a market share of 27%, invested in plastic case circuit breakers with different current levels as early as 1993, and applied for the model number CM1. In 2004, the model was found to be counterfeit. Since there is no direct protection mechanism for product models in the existing judicial system, they can only take the form of legal proceedings.
According to incomplete statistics, in the past two years, the "CM1" of Changshu Switch Manufacturing Co., Ltd., the "TM30" of Tianjin Baili Electric Co., Ltd., and the "HSM1" of Hangshen Holding Group Co., Ltd. Small businesses are counterfeiting, making a lot of counterfeiting and selling activities, and making huge profits.
According to reports, the model of low-voltage electrical products is a relatively special "multi-issue neck" in the intellectual property case of the electrical industry. In particular, the industry's leading companies are plagued by counterfeiters such as "famous brand" and "free-riding" and become the "hardest hit". The economic interests and market reputation of these enterprises have been greatly damaged.
To this end, well-known companies have launched rights protection campaigns and launched a defense of intellectual property rights. However, it took 2 to 3 years and a lot of manpower, material resources and financial resources to fight the lawsuit, but the effect was not satisfactory. Even if the lawsuit wins, the new counterfeit model phenomenon will happen again.
Where is the reason? In this regard, industry associations and enterprises have a more consistent view that although the AQSIQ Law Enforcement and Supervision Department has done a lot of work in the anti-counterfeiting work in the low-voltage electrical industry, it has achieved certain results, but due to the Administration for Industry and Commerce, the State Certification and Accreditation Administration, and China's quality. Certification centers and so on are independent law enforcement, lack of collaboration, and there is a phenomenon of “law enforcement islandsâ€, which causes counterfeiters to navigate the gap between isolated islands.
From the perspective of the whole industry, this phenomenon of fish-eye mixing not only makes the market order increasingly chaotic, but also seriously affects the reliable operation of the power supply system and the safety of the site. In this regard, Yang Qiming, deputy chairman and secretary-general of China Electrical Equipment Industry Association, Liu Boning, deputy secretary-general, and He Ruihua, secretary general of the Low Voltage Electrical Appliances Branch, have repeatedly called on the relevant state departments to establish relevant laws and regulations as soon as possible. Some protection.
Many law-abiding companies are eagerly awaiting: we can no longer let us suffer undue harm in the face of "no legal basis", and we can no longer let "Li Gui" be free.
The judge’s high-profile statement has become increasingly fierce as the battle for low-voltage electrical product models has intensified, and intellectual property work has begun to “go into†the judge’s “line of sight†and become the “new focus†of attention.
It is commendable that some local laws and regulations against unfair competition have made breakthroughs. It is understood that the "Shanghai Anti-Unfair Competition Regulations", "Sichuan Province Anti-Unfair Competition Regulations", "Jiangsu Province Implementation of the "Anti-Unfair Competition Law" and other local regulations) will represent the company name, graphics, code name The mark of the class is included in the scope of adjustment of the regulations.
The adjustment of the content of the regulations clearly extends the scope of the provisions of the Anti-Unfair Competition Law. These regulations, from the trend of international legislation prohibiting market confusing behavior, will extend the scope of protection for counterfeit goods or service marks.
Recently, the judges of the Intermediate People's Court of Suzhou City, Jiangsu Province, Guan Zuyan and Min Min wrote an article. The three legal disputes on the well-known product models of Changshu Switch Manufacturing Co., Ltd. clearly indicate one of the standing views of support: the definition of counterfeit well-known goods. The article clearly states that counterfeiters use the name, packaging, decoration, or the name, packaging, and decoration similar to well-known goods without authorization, and the behavior that is confused with other people's well-known goods is unfair competition.
The second point of view: the counterfeit product model has legal issues with the unique name of a well-known product. In response to the defendant’s proposal that “CM1 is a product model rather than a unique nameâ€, the article states: “CM1â€
It is a proprietary model of Changshu Switch Manufacturing Co., Ltd. series plastic case circuit breaker products, and also meets the characteristics of well-known product-specific names. It is used over a long period of time and has a deeper mark than the model number and the meaning of a specific product.
The third point of view: subjectively, the counterfeiting consciousness caused by consumers to misunderstand is unfair competition behavior. This article exemplifies and falsifies the use of names, packaging, and decoration that are similar to well-known goods as unfair competition.
Accordingly, according to the particularity of the lawsuit of low-voltage electrical products, the two judges recommended that China's "Anti-Unfair Competition Law" be adjusted accordingly, and that "other signs indicating goods or services" should also be included in the scope of anti-unfair competition law protection. .
The rights and responsibilities of the reporters have learned that the high-risk period of intellectual property disputes in China has arrived in advance, and disputes between enterprises are on the rise. In the face of the low-voltage electrical industry, there are many "manufacturing" and few "creation" status. How to guide enterprises to vigorously develop independent intellectual property rights and form a benign restraint mechanism?
Liu Boning, deputy secretary general of China Electrical Equipment Industry Association, said in an interview recently that after long-term efforts of industry, enterprises and media, the intellectual property protection work of low-voltage electrical industry has achieved good results, but it still faces severe tests and deficiencies. At present, the legal profession has called for the revision of the anti-unfair competition law, and the industry is applauding. He said that in the recent past, there have been two gratifying changes in the industry: First, enterprises have learned to actively respond to intellectual property disputes; second, companies that rely on “halogen and “counterfeit†profits are increasingly subject to the law. "emphasis".
After experiencing the counterfeit product model lawsuit, the company may have a deeper understanding and understanding of the protection of intellectual property rights. Zhang Jianjiang, general manager of Hangshen Holding Group Co., Ltd., who won the lawsuit not long ago, said in an interview in late May that enhancing intellectual property rights should be a wise choice for enterprises. Enterprises are keen on “imitationâ€, where does innovation come from? Without core technology, lack of intellectual property rights, and lack of innovative capabilities, companies have no development potential.
The intensity of counterfeiting is constantly increasing, and the means of “Li Gui†will be more changeable. How to do a good job in intellectual property protection? "You must first protect yourself, block all kinds of loopholes, and make the counterfeiters seamlessly drillable. Once you find that the counterfeiters are fighting hard, they will accompany them to the end." As the country's first successful winner of the illegal use of product models, Tianjin 100 Liang Yan, deputy general manager of Lee Electric Co., Ltd., said in a recent conversation with reporters.
Note: China Industrial News has made a special report on the issue of “Protection of IPR Low Voltage Electrical Appliances Industryâ€. Please pay attention to the facts of the B3 version on February 7, 2006 and the B3 version on February 14th. The sex has not been confirmed by the international electrical network, for your reference only.
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