Deciphering China'S Fake And Shoddy Products Export Behind The Scenes

In recent years, with the continuous expansion of China's foreign trade, some illegal enterprises and peddlers produce counterfeit goods and then export events, which have seriously affected the reputation and market order of China's export commodities.

China is also one of the most rampant countries in the world's counterfeiting map.

Under such a grim situation, how to curb infringement in import and export trade has attracted the attention of the Chinese government and relevant legislature and law enforcement agencies.

What is little known is that in this campaign without smoke, the shadow behind the counterfeit products is not China itself, but a "international industrial chain" driven by interests.

Since the reform and opening up, China has taken an active part in economic globalization and made great progress in foreign trade. "Made in China" has become an important force in promoting international economic and trade development.

Data show that in 2006, China's total exports amounted to US $969 billion, which was 100 times that of 1978, ranking third in Germany and the United States.

As the largest importing country in the European Union and Japan and the second largest source of imports in the United States, the "made in China" with high quality and low price has made a positive contribution to reducing the global production and living costs and optimizing the allocation of resources.

However, in recent years, the export of fake and shoddy products has made unprecedented embarrassment and pressure on "made in China".

　　2005年9月，浙江一家生產企業在出口菲律賓10.2萬只、貨值6936美元的燈泡時，被查獲假冒使用UL、CE、CSA、TUV、GS等國際認證標志；2007年4月，深圳某公司將一輛原價10多萬元的國產普通越野車，“喬裝打扮”后仿冒近百萬元的寶馬車，在計劃出口到馬來西亞的過程中被黃埔海關查獲；2007年7月，內蒙古二連浩特市工商局接到舉報，有一批假冒偽劣機械要通過二連口岸出口到蒙古國；前不久，德國漢堡港海關還查獲了一起“世界上最大的假冒偽劣產品案件”，海關沒收了117集裝箱所謂的“名牌產品”，價值3.9億歐元，而這些假冒商品大部分來自中國、印度等國；在我國的滇緬邊境，一些不法商人用收購來的舊電視機翻新后貼上假冒名牌和標志，通過旅游購物和邊民互市渠道使這些假冒電視機流入周邊國家市場低價銷售。

Although the above cited examples are only a microcosm, it also reflects the trend of China's export of fake and shoddy commodities from a side to a point that can not be ignored.

Africa has been an important area of battery export in China. For decades, several well-known battery brands in China have enjoyed a high reputation in Africa.

But in recent years, counterfeit batteries have entered the African market in a large number, and the prices are very low and the quality is very poor, which has greatly affected the reputation of the related enterprises.

More seriously, some African countries have even reported that some Chinese brands are not allowed to sell in their countries.

There is no doubt that the cross-border movement of fake and inferior commodities not only destroyed many brands created by hardships, but also brought serious negative effects on the development of the whole industry and China's international reputation, and the consequences were very serious.

Not long ago, the European consumer center warned that Europeans should try not to buy counterfeit cheap goods from China.

The center claims that half of the counterfeit cheap goods recorded by the European market supervision bureau last year were China, and 40% of the counterfeit products were for children.

In this consumer warnings, 18 of the 30 unqualified products listed are from China, involving children's toys, tools, lighting equipment, cosmetics, household appliances and so on.

It is understood that counterfeit Chinese products seized by European customs include medicines, cosmetics, software, machinery and equipment, clothing and shoes, covering almost all fields.

According to the recent announcement by the US media and the US customs, about 60% of the counterfeit products released by us customs and local law enforcement agencies come from China.

Following Europe's harsh criticism of China's counterfeit products, the United States also asked China to strengthen product regulation and eliminate counterfeit and shoddy exports.

Lv Wenju, executive director of the China Intellectual Property Research Association, sharply pointed out that China is not behind the scenes of counterfeit products.

It is precisely because the United States, the European Union and other countries and regions of the huge market demand for counterfeit goods, only China's supply.

The manufacturing center of counterfeit goods regularly flows around the world in accordance with the lowest price and cost. Even if China does not provide it, there will be other countries with lower cost to provide it.

It used to be Korea, China, Taiwan, Mexico, and now it is the mainland of China. It may turn to Southeast Asia and Africa later.

In other words, the export of fake and shoddy products is hidden behind a "international industry map" linked by interests.

The profit of selling counterfeit goods is very high, and the risk is smaller than traditional smuggling and drug trafficking activities. This has become the original driving force of the international counterfeiting group.

China has cheap labor and raw material resources, and has a huge capacity for development and processing, which has naturally become the first choice of international fake group.

They are looking for OEM manufacturers in various ways in China, and China's various commodity fairs have also become a stage for foreign businessmen to search for producers. The domestic manufacturers are only responsible for the production, and the products are sold abroad by foreign businessmen. This cheap counterfeit goods have a huge market overseas, and illegal foreign businessmen gain huge profits through this way.

Over time, a new criminal pattern characterized by "collusion between domestic and overseas, overseas orders, domestic production" has emerged.

Overseas illegal businesses directly place orders with mainland producers through various channels, explicitly asking for which brand name counterfeit products to be made, and declaring them out of goods or smuggling into foreign markets for "profiteering".

These pnational counterfeiting organizations are mainly hidden in "OEM" and the "three to one" enterprises set up by foreign businessmen in the mainland.

Most domestic enterprises, when accepting orders, are not strict enough because they are indifferent or ignorant of the concept of intellectual property.

It is understood that in the domestic enterprises produced by these organizations, there are 2/3 owners who are ignorant of the law and have no legal awareness in this respect. They do not know that they have actually become the accomplices of pnational counterfeiting, while a small number of private entrepreneurs know that this is a counterfeiting of others' brands, but they are also interested in driving the business, regardless of whether they are legal or not. They are sold to foreign businessmen in the interest of foreign businessmen for production.

At present, the counterfeiting group has changed the production line centralized production in China, often "piecemeal", especially in the production process more covertly "restore" to small workshop production, by hiring a village or a small group of people for family production packaging, and then centralized acquisition, which is similar to the "company + peasant household" mode.

For example, Johnson's baby talcum powder, some counterfeit goods are made in Malaysia, some are made in Indonesia, and the other ones are made in India, but all of them are made in a village in East China. Some foreign businessmen have collected samples of Johnson's entire series to China to process, and the processing plants must not be sold in China, they must be exported.

In the past, counterfeiting groups often had to attract people to engage in covert marketing, or to engage in insider business to do acquaintance business, but now the counterfeiting group has made full use of the Internet platform to start business.

The counterfeiting group aims to sell its brand to the market and use the Internet to sell it to customers both inside and outside the country.

They can rent a web page on a regular e-commerce website, or create websites or web pages directly in a false identity.

In fact, domestic manufacturers only earn a little bit of processing fees, and huge profits are occupied by foreign merchants who are placing orders. The biggest beneficiaries of the export of counterfeit products are undoubtedly foreign merchants who order.

This heavy black pot has to be returned from China. China has become a base camp for counterfeit products.

For example, in a fake watch case investigated by the Shenzhen police, two factories for making fake watches were produced by a company in Hongkong, and the "three to one supplement" enterprises set up in mainland China, almost all the famous brand watches in the world could be produced at that time. 1265 sets of light moulds were seized, and all the styles of Rolex were available, and the workmanship was very meticulous.

The whereabouts of these watches are mainly exported to Hongkong through customs, and then re exported to all parts of the world.

But the operation of the whole command is almost in Hongkong. The rule is "three heads outside", that is, settlement is outside, orders are outside and sales are outside, the mainland is just a production and assembling base, and almost all the operators behind the scenes are overseas manufacturing groups.

How can China say "no"? With the development of China's economy, the scale of China's import and export trade is increasing in the total volume of Global trade, and the protection of intellectual property rights in import and export trade is also increasingly prominent. The problem of cross border flow of counterfeit goods has become a very serious challenge at present.

On the one hand, many overseas markets are flooded with counterfeit goods from China. China has been blamed. On the other hand, domestic products with good quality and good brands are being pushed away by counterfeit and inferior commodities.

Faced with the situation of "internal and external attacks", how can China say "no"?

First, China should face up positively and change its unhealthy mentality.

Faced with frequent pressure from developed countries and avoiding evasion, China must face up to reality and pay more attention to domestic export enterprises while solving external pressures. Relevant departments should conduct in-depth research and study, grasp first-hand information, use facts and counterevidence against facts, actively improve the international image, strive to minimize harm control, establish emergency consultation mechanisms between government departments in coordination with investigation and joint clarification, and explore emergency handling mechanisms for sudden product quality and safety incidents.

Second, promote international exchanges and cooperation aimed at improving the inspection and quarantine technology, improving the quality of export products and improving the level of law enforcement.

At present, the criminal prosecution is mainly domestic producers. As a criminal suspect behind the criminal law, he is basically not prosecuted. The solution must be to actively carry out international police cooperation and put the target of attack behind the scenes and solve the problem from the source.

At the same time, the inspection and quarantine departments of various countries should further improve the electronic inspection and quarantine system, strengthen the supervision over the export commodities, and include the production enterprises, name, brand and site of the export commodities in the contents of international supervision.

Third, accelerate the establishment of the "fake blacklist information network system".

The establishment of the system aims at strengthening the management of records and records of illegal activities of counterfeiting enterprises and counterfeiting personnel, and announces the names, business codes, names of legal persons, and identity cards of enterprises with serious abominable counterfeiting behavior on the Internet. Through the exposure of the network, the counterfeiters can not escape, and eventually establish a "blacklist" system for law enforcement against counterfeiting.

Fourth, we should mobilize all systems to work together to actively combat counterfeit exports. For example, the customs departments need to count the export destinations, consignees and relevant information of the counterfeit goods being exported. The public security departments need to make statistics on all overseas orders in the case of counterfeiting export offense, and gather information and so on.

Only by actively cooperating and combating together can we seize the source of counterfeit products.

Fifth, strengthen industry self-discipline, and vigorously enhance the awareness of intellectual property rights of domestic enterprises.

Because the production counterfeit products are basically the same industry enterprises, the guild can organize the industry self-regulation convention with the support of the government, so that the whole industry can operate in a state of self-discipline.

Once an enterprise is found to produce counterfeit products, it will inform, encircle and suppress it in the industry.

At the same time, since most manufacturers are unaware of counterfeit products, the real behind the scenes players are foreign orders. Therefore, the relevant functional departments of the government should have targeted training, publicity and education on intellectual property rights for domestic enterprises.