Lock The Intellectual Property Rights Of Clothing Trade

With the continuous expansion of clothing import and export trade volume, the further liberalization of foreign trade management rights, the mode of clothing import and export is also changing, overall, showing a diversified development trend.

Some of them are specialized in garment production, while others are only acting as import and export garment agents. These enterprises have different qualifications, credit system construction, quality management level are also different, the situation of enterprises is becoming more and more complex, the challenges of export clothing inspection are increasing, and the infringement of clothing import and export trade occurs from time to time, especially the fraud related to intellectual property rights.

Not long ago, the police in a certain area of Jiangsu Province seized a large case of selling counterfeit brand-name clothes online according to the report goods According to the price of the famous brands, such as "the first-line goods of the famous brand" such as "the first-line brand" and "the famous brand" were sentenced to a total of 5 million yuan, according to the price of the first-line goods, such as "the first-line goods of the famous brand" were sentenced to imprisonment of RMB 5000 yuan for "the famous brand" and "the famous brand" was sentenced to a total of 5 million yuan. A case of intellectual property infringement with the highest penalty in Jiangsu Province has brought us many warnings.

　 There are various infringement phenomena of clothing intellectual property rights

Import and export of clothing intellectual property right The infringement is mainly reflected in registered trademarks, certification marks, icons and patents. Specifically, there are the following aspects:

Counterfeit registered trademark. Almost every export garment will have a trademark, except for some semi-finished products. Trademark not only represents the origin of clothing, but also represents the taste of clothing. It can even be said that trademark is equal to the value of clothing. Most people always go to see what brand of clothing it is when they buy clothes. For the same clothes, there is a big difference in price due to different brands. This is what people often call brand effect. A pair of jeans may cost only 10 dollars, while a famous brand will cost more than 100 dollars. The price difference between them has attracted some illegal businessmen who obtain illegal income by counterfeiting famous brand trademarks. Most of the clothing export enterprises are engaged in the fixed brand production, and the customers provide the styles and trademarks. The enterprises are only responsible for the processing. They seldom know whether the trademarks provided by the customers are infringing. What the customers need to produce is what the enterprises produce. This provides space for some illegal customers to fake trademarks and handle clothing export by counterfeiting others' registered trademarks, resulting in intellectual property fraud 。

Counterfeit certification mark. In the export of clothing packing There are various kinds of tags hanging on it, some indicating the quality of clothing, some indicating the specification of clothing, some indicating the price of clothing, and some hanging various certification marks. Hanging the certification mark means that the clothing has passed certain certification. For example, some are green clothing, some are environmental protection clothing, some have certain performance, or the clothing has certain quality and so on. Different countries and regions have different signs. For example, Germany has the blue angel logo, Canada has the maple leaf logo, northern Europe has the White Swan logo, and some international economic and trade organizations also have some signs, such as the all wool logo, leather logo, silk logo. Consumers will recognize the logo when they buy clothes. It can be said that if the certification mark is hung, it means that the clothing has a certain grade, and the price will also show. Clothing export enterprises in the production are in accordance with the requirements of customers packaging, hanging tags do not ask the source, which provides an opportunity for illegal merchants, some illegal merchants often through the counterfeit certification mark to obtain illegal income. Undoubtedly, the fraud of counterfeiting authentication marks should be strictly prohibited.

Use the special icon. The icon is a special symbol of some international organizations or institutions. People will naturally think of the organization when they see the icon. When we think of the Olympic Games and the Olympic Games, we will associate them with the five rings; When you see the letter of "UN", you will think of the United Nations; if you see the letter of "NBA", you will associate it with the Professional Basketball League of the United States. These icons have been widely known through the use of these organizations for many years. At the same time, it also contains great commercial value. A sports T-shirt with the Olympic five rings logo is often easy to sell and can also sell for a good price. Printing, embroidering or weaving these special icons on clothing must be authorized by the actual owner of the logo, and also pay a certain license fee. Some illegal merchants can greatly reduce the cost and obtain huge profits by illegal use, which also disturbs the normal market order and makes real consumers suffer losses.

Infringement of copyright. In accordance with international conventions and domestic laws, the rights of authors and other copyright owners of literary, scientific and artistic works, including works of writing, music, drama and film, as well as paintings, sculptures and sculptures, shall be fully and effectively protected. For example, some of the designs of "2008 Olympic Games" were printed on the blue jeans of "Beijing Olympic Games" by the author of this project As a result, illegal businessmen obtain illegal interests through these methods, and at the same time cheat the real consumers.

Infringement of patent rights. Some of the fabrics, accessories and accessories are patented. For example, there are hanging pieces in some ski suits and down jackets. Their main function is that the wearer can send a signal to seek help when they are missing. Children's clothing is also used. Other fabrics and accessories with special functions are also patented. If these things are used without the consent and authorization of the patentee, it constitutes an infringement of the patent right and also a form of infringement on consumers It became a fraud. Although there are not too many such problems in the actual work of inspection, the infringement of this kind can not be ignored. {page_ break}

　　 Lock trade apparel intellectual property

Article 35 of the commodity inspection law and Article 52 of the implementation regulations of the commodity inspection law clearly stipulate the act of passing a fake for a real one. It is our duty to protect a good environment for import and export trade and safeguard the dignity of law. How to combine the actual work of inspection and quarantine, better play the role of a guard, seriously implement the spirit of the notice of the general office of the State Council on printing and distributing the special action plan for cracking down on the infringement of intellectual property rights and the manufacture and sale of counterfeit and shoddy commodities (GBF [2010] No. 50), and further strengthen the work of cracking down on the infringement of intellectual property rights in the production field and the production and sale of fake and shoddy products. We believe that: first, we should fully understand the importance of cracking down on intellectual property rights infringement; second, we should constantly strengthen knowledge training and improve the ability of identification. Third, we should strictly enforce the law, intensify the crackdown, and improve the authority of law enforcement. Combined with the actual work of inspection and quarantine, the inspection and supervision mode of "four inspections and one record" is implemented to supervise the infringement of intellectual property rights by export clothing.

Check "export clothing contract". Check the export contract of the enterprise, understand the export mode of the batch of products, whether it is self operated export or foreign trade processing, whether it is self brand export or OEM production, whether it is customer's sample production and processing or self design, whether it is direct export or re export trade, so as to fully understand the import and export of this batch of clothing, and strengthen effective supervision according to the situation.

Second, check "export clothing voucher". Check the export of clothing. Through careful inventory, we can find out the main and secondary marks of the batch of clothing, see whether it is woven or printed, check whether there is embroidery and printing in this batch of clothing, understand whether the patterns of embroidery and printing are likely to infringe, and inquire whether the main and sub labels of the batch of clothing are likely to be infringed.

Third, check "product identification production". Check the label production of export clothing. Understand whether the identification of the batch of clothing is provided by the guests or processed according to the customers' drawings. See whether the logo is produced by the manufacturer designated by the guest or organized by the export garment manufacturer, and fully grasp the source of the logo.

4. Check "product production authorization". Check the production authorization of export clothing. The inspection application enterprise is required to provide the production authorization of the batch of clothing, check whether the export clothing of this batch is authorized by the guests, the scope of authorization and the number of authorization. If it is through the customer factory inspection, the enterprise shall provide the factory inspection certificate.

"One record" refers to the filing of the power of attorney for the export clothing produced by the enterprise. Through mastering the situation of the enterprise using the logo, whether it meets the authorization standard, at the same time, strengthening the file management of the enterprise using the logo, and improving the inspection and supervision efficiency.

It is our duty to protect the intellectual property rights of trade clothing and crack down on fake and shoddy products. Inspection and quarantine institutions must set up a long-term mechanism to crack down on the infringement of intellectual property rights by clothing, so as to create a good environment for trade clothing.