Copycat: Don'T Challenge The Bottom Line Of Intellectual Property Rights.

" Shanzhai This phrase, which is full of grass roots, has become a social culture from a phenomenon. The popularity of Shanzhai is due to the lack of brand awareness and backward brand and marketing methods. On the other hand, Shanzhai has the "soil" suitable for its growth. The rise of post-80s and post-90s has provided a "consumer base" for "Shanzhai products".

At present, the society lacks rational reflection on the causes of "Shanzhai" and even its popularity. There is no systematic thinking about the legal problems involved in the "Shanzhai" phenomenon. Naturally, there are constructive solutions to problems. The blank of this system seems to confirm that the innovation crisis behind China's "Shanzhai" is not only in the technical level but also in the institutional level.

Judging whether copycat products are infringed mainly from the following four aspects: 1) is there a counterfeit reputation? brand Counterfeiting trademark Business conduct; 2) whether it is a simple or complex combination and highly imitation, and the products produced are suspected to infringe upon the patent rights of others; 3) whether it is unfair to occupy the reputation of the imitated prior products and constitute unfair competition.

However, to define a degree of imitation, it can be seen as benevolent and benevolent. Adivon Disputes. The company described the infringement logo of Adi Wang as "three bars", while Adi Wang insisted that the logo was "inverted F triangle". Such Shanzhai phenomenon is controversial in the identification of responsibilities.

In law, if we respect the intellectual property rights of others, the law does not prohibit people from making good use and reasonable use of existing works, or even making innovations on this basis. On the contrary, illegal profits by stealing other people's intellectual property rights are not allowed by law.

Therefore, the cottage manufacturer should realize that simple imitation is not a way out, which can neither create valuable works nor help enterprises to walk on the road of self-reliance and independent innovation. Instead, they will gradually erode our creative inspiration and R & D power, so that we can only follow others' path and walk the road that others have gone through. Only by using one's own ability and exerting one's own wisdom can we develop our own world.