Italy Counterfeiting Brings Many Brand Rules.
From the standpoint of the Italians, it is serious enough to make false propaganda about Italy's origin, brand or story. But in China, they are not so serious. Dai Shengqiao is not sure. But he is clear that before that, the false behavior had existed for a long time, and many people knew that it did not solve the various exhibitions of Italians Dai Shengqiao entering and leaving Beijing, and was often regarded as a guest of honor, but few people knew that his work was related to counterfeiting.
Two years ago, when the Ministry of economic development of Italy decided to open intellectual property office in a number of trading partner countries, the 53 year old master of mechanical engineering and industrial property Dai Shengqiao was selected to be the head of the Beijing studio of the Ministry of intellectual property of the Italy Foreign Trade Commission.
Before he came to work in China, he loved the Erguotou and was fascinated by Chinese musical instruments. Italy People have been to China for business trips for the four time, and began to learn Chinese through training courses before 2006. Although his Chinese ability is still "foundation", this does not hinder his interest and enthusiasm for China.
In his opinion, only by learning Chinese well can we understand Chinese. He also admitted that his understanding of China is far from enough. Just like what he has recently unwittingly launched, the trend of counterfeiting is also rooted in the process of understanding China.
Although Dai Shengqiao said, "counterfeiting is not a big deal for me," but what he did not expect was that he started the "counterfeiting" work since he came to China and made him famous in China.
"Harvest" at the exhibition
Dai Shengqiao's office is in the Beijing Guangzhou center of East Third Ring Road, Beijing. A studio less than sixty square meters is divided into three parts by the glass wall. After the rest of the maternity leave, only Dai Shengqiao and lawyer converge and two interns. Only a few of them maintained the work of the Italy Intellectual Property Office of the Beijing Foreign Trade Commission.
"We have set up 14 such representative offices." Dai Shengqiao emphasized the number 14 in Chinese with reporters.
The website of the Ministry of economic development of Italy shows that the establishment of the "Intellectual Property Office" around the world is part of a number of measures taken by the government of Italy to promote and protect the interests of "Italy manufacturing" worldwide.
After taking office, collecting legal information and compiling Legal Guides occupy most of his energy. But he did not forget to find and visit the Italy enterprises run in China, and the various exhibitions in Beijing became his best and most efficient choice.
In December 18, 2010, as usual, Dai Shengqiao visited the "2010 China entrepreneurship and franchise brand exhibition" held at the China International Exhibition Center. Among many exhibitors, "Jiajia dream from Italy, the world". This made Dai Shengqiao feel kind and excited. The company that produces bedding also used the word "Italy" explicitly in its promotional materials.
However, further understanding revealed that the brand originated from Italy had nothing to do with Italy. The "Jiajia dream" trademark is registered in China, and all the people are "Italy Lewis Trading Co., Ltd.". Its residence is 5014 room 2, B & O Road, Florence, Italy. However, the Florence chamber of Commerce confirmed that the company was virtual.
At that time, Dai Shengqiao realized that there might be an additional work to be done to find companies that appeared to be but actually not from Italy.
Thus, while completing the main tasks, Dai Shengqiao set aside some energy to collect these cases, and gradually accumulated a number of enterprises suspected of using the name of Italy to conduct false propaganda.
In April 28, 2011, the State Intellectual Property Office of China organized a business communication meeting for the Embassy in China, the Chinese Chamber of Commerce and enterprises. Dai Shengqiao attended the meeting. At the meeting, he presented the phenomenon that the existing enterprises in China were posing as Italy and selling them at a high price.
At the meeting, Dai Shengqiao and deputy director of the International Coordination Department of the State Intellectual Property Office of the State Council Zhang Zhicheng exchanged the relevant information and agreed to arrange the time for detailed communication.
"If you have specific information and clues, you can provide them to the relevant Chinese government departments for reference in law enforcement and management." Zhang Zhicheng suggested to Dai Shengqiao.
Based on this, in July 1, 2011, the Italy Intellectual Property Office of the Beijing Foreign Trade Commission submitted the first batch of 10 suspected cases of false propaganda to the counterpart of the State Intellectual Property Office. At the same time, these lists were distributed to the Ministry of economic development, the Ministry of foreign affairs and the police in Italy.
These people are not all Chinese enterprises, but also some enterprises in Hongkong and Taiwan. They advertise themselves as brands from Italy when they advertise, but in fact these brands do not exist in Italy.
"I will be there. Exhibition Get information from exhibitors and talk to them, so you can usually find that they have nothing to do with Italy. " Dai Shengqiao said.
With the help of network database query, Dai Sheng Qiao has made many enterprises' false propaganda behavior reveal the original form. Therefore, he believes that he is engaged in the "anti fake" work is not difficult.
"Everyone can do it without spending a penny or registering the login name and password to enter these databases." Dai Shengqiao told China News Weekly that his evidence came from public information, which can be easily obtained by everyone.
In addition to exhibitions and shopping malls, consumer complaints are another source of cases. In the second batch of submitted cases, Footwear brand Stella Luna The election came from a complaint made by a Italy consumer. The brand claims to be a fashion brand formally registered in Italy in 2006, but it was found that it had nothing to do with Italy.
Stella Luna is the brand of nine Hing Holdings Limited, which was first founded in Taiwan and is currently a registered Cayman Islands Company Limited in Hongkong. Since 2006, nine Xing Holdings has successfully entered the mainland shoe retail market through its own brand Stella Luna.
In mid April 2011, Stella Luna had withdrawn its publicity related to the Italy brand on its official website.
In October 18, 2011 and February 29, 2012, Dai Shengqiao submitted to the second batch and third batch of 10 cases of the State Intellectual Property Office of China.
Becoming known condition
As an Italian living in China for more than 20 months, Dai Shengqiao has great interest in China. Because of his work, he visited more than ten cities in China, and obtained a real Chinese name from the Chinese staff of the Embassy in Italy.
It is his wish to learn and acquire more information about China, so that we can better understand China. {page_break}
In his eyes, from the standpoint of the Italians, these false actions are serious enough. But in China, they are not so serious.
But he is clear that before that, these false actions had existed for a long time, many people knew, but they did not solve them.
"I became famous because I exposed all these things that everyone knows." With a puzzled glance, Dai Shengqiao asked the China News Weekly, "is it a condition for you to become famous in China to expose everything you know?"
In his view, exposing and exposing these false information is a very ordinary thing, no big deal, nor is it to be famous. Perhaps because of this, he refused the interview requests of several well-known TV media and did not give any media any chance to take photos.
He knows very well that intellectual property is a private right. In these cases of false information, only the victim is the proper subject of the law.
As a Italy official and a representative in China, he believes that these enterprises have invented the traditions and stories that do not exist in Italy completely, giving a false and distorted image of Italy to Chinese citizens and consumers, and making many Chinese citizens understand Italy manufacturing through these erroneous and distorted ways.
In the "2011 China international high-end bedroom fashion goods exhibition", a company producing "Isaiah ISAIAH" mattress has unauthorized use of the Italy flag in its brochure, but it has turned 90 degrees.
Reporters in accordance with the company's website and brochure provided by the Italy headquarters phone to try to interview each other. After making the call, it was a retired Italy lady. "I don't know Isaiah letto comitiva (Isaiah's Italian company), nor do I live in the city of Plato, the city of PLATEO." She said.
There was a price that surprised him. Joe, one of the mattresses, claims to sell 34 thousand yuan in China, which is more than a car in Europe. This is 10 times more expensive than the real high-end brand mattress in Italy.
Perhaps for this reason, Dai Shengqiao believes that compared with Chinese products, Italy products have the advantage of low price and high quality. Therefore, although working and living in China for a long time, Dai Shengqiao's consumption in China is limited to food and necessities, and he never brings gifts to China. Shopping is only arranged for every three or four months to return home.
Patience and persistence are particularly important in China.
In June 28, 2011, SAIC organized a new meeting on trademark issues, including the EU Trademark Office, the Trademark Office of the United States and the Trademark Office of Japan. After the meeting, asked by the representative of the United States, Dai Shengqiao introduced the phenomenon of counterfeiting Italy to the other side, and expressed his intention to submit a list of suspected enterprises to the State Intellectual Property Office of China.
After the first case was submitted, Dai Shengqiao did not receive a reply very soon. After nearly two months, he sent an e-mail to the State Intellectual Property Office of China to inquire about the handling result of 10 complaints. Finally, nearly 4 months after the submission of the case, he received the fax document transmitted to the State Intellectual Property Office by the State Administration for Industry and commerce.
In the paper, the SAIC gave advice and suggestions on the three main issues. Among them, the Trademark Office rejected the trademark registration application of "Nino Ferre NINO. FERLETTI" and "BESTIBELLI MILAN" two brands. For other brands to add their own place names to Italy in the use of trademarks, "the Italian side can report complaints to the local industry and Commerce Department". For some brands claiming that they are Italy brands or Italy enterprises, whether there is any false propaganda or misleading consumer behavior, "they need to be identified and dealt with by the industrial and commercial authorities with jurisdiction."
Despite the handling of the opinions, things seemed to be far from settled for Dai Shengqiao.
In regard to the problems mentioned in the document, it is necessary to report complaints to the local industrial and commercial administrative departments. He believes that as a foreign organization in China, it is natural for them to inform and submit to the equivalent central government organs, and the State Intellectual Property Office is a counterpart coordination and communication unit, and should contact them. On the contrary, he did not have the power to ask these enterprises to give some feedback.
"According to the WTO agreement, intellectual property rights are private rights. Once infringed, the right holder shall report, complain or prosecute to the public authorities. The information provided by Dai Shengqiao is not only related to intellectual property rights, but also the improper use of trademarks and trade names and the issue of false propaganda. Zhang Zhicheng, deputy director of the International Coordination Department of the State Intellectual Property Office, analyzed the China News Weekly.
Although the second batch was submitted later, the third batch of cases had not received a reply so far, but Dai Shengqiao was not discouraged. He even said he would not urge the relevant departments of China to deal with it because it would be a bit offensive.
From collecting false cases to submitting relevant departments one after another, Dai Shengqiao's "anti fake" road has been gone for a year and a half. On the way of "counterfeiting", "I only met some silence, and I did not encounter enough difficulties and obstacles, but I didn't get enough feedback." He made no bones about it.
For those companies and brands suspected of false propaganda, the "fake" foreign fighter frankly hopes that they can "tell the truth, fair competition". In his view, the most serious damage to these false behaviors is the interests of Chinese consumers and honest operators in the same industry, because the purchase of these products suspected of false propaganda is paying high price for the added value which does not match or does not exist with the brand, while the operators in the same industry are virtually violated by unfair competition.
In addition to busy, for every day's work and life, "fake" does not seem to bring more changes to Dai Shengqiao. In his view, it only went to less than 1/10 of the energy.
The athletic Italian, who lives alone in Beijing, walks on his way to work, and optimistically believes that life is "better than expected."
"If there are second people, I am very happy to have company." Dai Shengqiao told the China News Weekly, "if I could make a few results, I would be very happy."
It is gratifying to him that sometimes, after explaining the situation with the organizers of the exhibition, some businesses withdrew their false propaganda about Italy, including the withdrawal of false information on the official website.
At present, Qiao Zheng, who is busy with his colleagues, has written sixth Legal Guides on China's patent system, which will provide legal guidance for enterprises, institutions and citizens in Italy to provide inventions, practical new designs and other aspects. Starting from November 2010, every three months, they will prepare a booklet like this, which involves Chinese related intellectual property laws, regulations and measures.
One or two months later, Dai Shengqiao intends to organize and prepare another 10 cases to submit to China's relevant departments. Then there will be 10 next batch.
"I believe patience and persistence will yield results. Patience and persistence are particularly important in China. Dai Shengqiao told reporters.
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