Big Data Show That Textile Patent, Design And Trademark Infringement Are Serious: 5 Points Suggest Professional Response.
One Quantity situation
From the data analysis, Two thousand and thirteen The number of disputes is the lowest in the year. Seventy-six And, Two thousand and fourteen Year old One hundred and seventy-three Pieces, Two thousand and fifteen The year goes up to Three hundred and eighty-six Pieces, Two thousand and sixteen Year old Four hundred and forty-eight Pieces, Two thousand and seventeen Year old Four hundred and fifty-six Pieces, Two thousand and eighteen In 2003, there was a drop. Three hundred and seventy-one Pieces. since Two thousand and fourteen The number of copyright infringement cases has begun to increase significantly since the beginning of the year.
Two Geographical distribution
From the perspective of geographical distribution, China's textile industry has developed more and more disputes along the coast because of the better development of the textile industry. The top three provinces and cities are Zhejiang, Jiangsu and Guangdong. Especially in Zhejiang Province, the number of disputes in only one province occupies half of the total number of disputes in the country.
Three Distribution of cause of action
From the perspective of the classification of cases, the disputes over other causes of copyright infringement account for more than half of the disputes. Copyright infringement disputes, copyright disputes, copyright infringement disputes, infringement of work information network transmission rights are more evenly distributed. 5%-10% The ratio of left to right.
Four Litigation procedure
We can see from the data that one of the first instance cases is Two thousand two hundred and sixty-eight There are cases in second instance. Three hundred and eleven That is, the appeal rate of the first instance is about 13.71% 。 The rate of appeal is still much lower than that of other types of infringing cases. Basically, the number of cases closed in the first instance accounted for the majority.
Five Referee situation
Through the visual analysis of the results of the case adjudication, we can see that there are One thousand seven hundred and fifty-eight Parts, accounting for up to 77.51% ; all / Partially supported Four hundred and thirty-three Accounting for 19.09% All rejected Thirty-seven Accounting for 1.63% 。 The rate of withdrawal is very high, so we can guess that the ratio of withdrawal and reconciliation before and after the hearing is quite high. For those cases without withdrawal, the proportion of all support is in proportion. 19.09% 。
Six And the amount of the bid.
Through the visual analysis of the target amount, we can see that the target amount is Fifty The number of cases below 10000 yuan is the largest. Two thousand two hundred and sixty-three Pieces, Fifty Ten thousand yuan to One hundred There are ten thousand yuan cases. Forty-six Pieces, One hundred Ten thousand yuan to Five hundred There are ten thousand yuan cases. Twelve Pieces, Five hundred Ten thousand yuan to One thousand There are ten thousand yuan cases. One Pieces. That is to say 97.46% The targets are all Fifty Less than 10000 yuan.
Judging from the world market, China's textile and apparel industry is one of the most serious intellectual property infringement industries in the world. Combing the recent international intellectual property disputes cases, the infringement of intellectual property rights of textile and garment enterprises is mainly concentrated in the world. Three One aspect: patents, designs and trademarks, especially trademarks, have become the most serious areas of infringement of intellectual property rights in China's textile and clothing trade. This has become the focus of trade friction between China's textile and garment enterprises and other countries such as the European Union, the United States and Japan. Following the above phenomena, the main reasons for the study are summarized as follows:
One Enterprises lack the awareness of intellectual property rights.
Because Chinese textile and garment enterprises are mostly influenced by the concept of "no patent for textile and clothing products", coupled with the characteristics of long cycle, fast fashion and high profits, many enterprises are reluctant to invest in energy and cost, and are keen to follow suit and imitate.
Two The development of industrial structure is not balanced at present.
Although China is the world's largest processing plant, the scale of domestic textile and garment enterprises is uneven. Most of the enterprises are OEM or OEM mode. The level of technological innovation awareness and level of enterprises is weak. They rely largely on the strategy of volume winning to get the largest profit and market share, and engage in low-level repetitive operations for a long time. Of course, with the concept of building a strong intellectual property country in the world, some large textile and garment enterprises have begun to attach importance to the issue of intellectual property rights. However, large enterprises account for only a small part of China's textile industry, and have not completely changed the status of the lower level of intellectual property in the whole industry.
In the face of such a situation, how should we improve the infringement situation in China's textile industry, and how to improve the awareness of intellectual property rights in textile and garment enterprises, and prevent infringement in advance? Following are some suggestions made by Jun Zhong law firm after discussion.
One To enhance international competitiveness and transform from "textile power" to "textile power"
Our country has accumulated rich trade experience and industrial chain advantages over a long period of time, which is a favorable condition for coping with the new situation of the current international trade pattern. But since Trump took office, the United States has been making tit for tat with China. Under the economic environment to launch a trade war, we should maintain our determination and take the power line to complete the transformation from "textile power" to "textile power". Textile and garment enterprises take market as the guidance, change service concept, and enhance the overall competitive strength of China's textile and garment industry, especially overseas trade. We should adjust the structure, optimize the customers and realize the transformation from multiple directions to excellent ones.
Two Pay attention to innovation and cultivate local brands
At present, it is a critical period for the construction of powerful intellectual property rights. Strict protection of intellectual property rights and speeding up the construction of intellectual property rights are both historical opportunities and major challenges for China's textile and garment industry. At present, "development is still China's top priority", and innovation is the first driving force for development and a powerful support for building a modern economic system. China's textile and garment enterprises should make full use of the country's innovation platform, rely on science and technology, and take key technological innovation as a breakthrough, improve technological innovation capability, and further enhance brand awareness, and strive to enhance the R & D capability and brand value of enterprises, so that enterprises can achieve good social and economic benefits.
Three We should enhance the competitive consciousness of intellectual property rights and strictly regulate the infringement of intellectual property rights.
since Two thousand and thirteen Since 2000, the number of intellectual property cases in China's textile industry has increased year by year, especially in tort cases. In addition, at the international level, in recent years, the United States and the European Union have continuously strengthened the investigation of intellectual property infringement initiated by China, which, on the other hand, has also proved that China's economic and technological innovation content and added value have risen significantly, and its international competitiveness has attracted the attention of the international market. Therefore, we must establish intellectual property rights confidence, enhance the competitive consciousness of intellectual property rights, enhance the intellectual property protection ability of textile and garment industry and market environment, promote enterprises to take intellectual property as a weapon to participate in market competition, and consciously raise their awareness of the abuse of intellectual property rights, not just the competitive behavior, and build a risk prevention and control mechanism for intellectual property rights.
Four And give full play to the intellectual property rights of the government and social services.
In recent years, China's economy has been striding forward from "standing up" and "becoming rich". Therefore, it is particularly important to enhance the intellectual property rights of the Chinese government and social services on the road to power. Therefore, we believe that we should speed up the improvement of the intellectual property rights system in the textile industry, actively promote the construction of the operation system of intellectual property rights, and enhance the competitive strength of the textile and garment industry at home and abroad. On the other hand, we should increase support for small and medium-sized enterprises, take effective incentive measures and support policies, encourage technological innovation and protect intellectual property rights, such as reducing intellectual property costs, streamlining procedures, providing periodic specialized training, guiding enterprises to conduct intellectual property rights distribution in the target market, and establishing a sustainable venture capital financing evaluation mechanism.
Five And actively play the role of the association.
In the process of promoting intellectual property rights concept and strategy formulation, besides the government's policy guarantee and guidance responsibility, we need to attach more importance to the leading role of the textile industry association, give full play to the role of the association, improve the laws and regulations on intellectual property rights in the textile and garment industry, organize industry training, help textile and garment enterprises set up an early warning mechanism for intellectual property rights, and enhance their ability to deal with risks.
In the increasingly competitive and pluralistic and open Internet market environment, Jun Zhong law firm believes that the textile and garment industry must take the opportunity and challenge to safeguard the intellectual property rights and safeguard the intellectual property rights protection level through the strong intellectual property rights and intellectual property rights capabilities. It will transform the traditional manufacturing industry to the green industry and the cultural leading fashion industry developed by the innovation driven technology industry, and make the "Chinese intelligence" bigger and stronger.
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