The Judicial Adjudication Of "Illegal OEM" In Dongguan Footwear Enterprises

Since the "three strikes", the crime of counterfeiting and selling fake products by illegal and OEM production in small and micro enterprises has aroused widespread concern in the society.

Recently, the people's Procuratorate of the third urban district visited a survey and found that, due to the complicated economic situation at home and abroad, some small and micro enterprises embarked on the path of illegal OEM production because of poor management and poor competitiveness, leading to frequent crimes of counterfeiting trademarks.

City Intermediate People's court responsible person said, "illegal OEM" penalty serious consequences, hope that the production operator is good faith.

The Third Municipal People's Procuratorate suggested that small and micro enterprises should be implemented to help small and micro enterprises avoid the crime of counterfeiting and selling fake goods.

Illegal OEM production is huge.

City third city people's Procuratorate investigation found that small and micro businesses involved in the registration of the industry and Commerce Bureau, with a legitimate business license, mainly concentrated in

And other manufacturing industries, ranging from 20 to 100 employees, have integrated production lines from raw materials to finished products, but the production technology is not strong. They are labor-intensive industries with a large daily output.

But in the process of operation, it has gradually changed from specialized production of independent brand products to the production of independent brand products and illegal OEM production.

In addition, these small and micro enterprises also showed the characteristics of "passive infringement".

Generally, the customers themselves provide samples and materials, and the infringing enterprises should produce and mark the relevant registered trademarks on the products, and only charge small processing fees.

Due to the fact that the infringing products are often not priced or unable to find out the actual selling price, the amount of illegal business is usually larger than the market median price of the infringing products.

According to the reporter's understanding, since our city launched the "three strikes" special action, as of yesterday, the first people's court accepted 29 cases involving trademark infringement and counterfeiting of small and micro enterprises, accounting for 38.67% of the cases of counterfeiting and selling fake goods in the hospital, accounting for 18.35% of the total number of three hit two construction cases.

The third people's Court of the city handled 71 cases of counterfeiting and selling fake cases, accounting for 136 cases, accounting for 47% of the total number of three dozen cases, while small and micro enterprises involved in trademark infringement cases also occupied a considerable part.

Business difficulties go astray

For small and micro enterprises easy to embark on the reasons for the crime of counterfeiting and selling crime, the third city people's Procuratorate analysis that business difficulties lead small and micro enterprises to develop "channels" is an important factor.

In order to maintain normal operation, some small and micro enterprises, regardless of whether the customer's order is legitimate, should be profitable if there is a profit.

Secondly, the threshold of OEM production is low, interest driven is large, and it can be produced on the existing production line.

In addition, customers are responsible for the materials, samples and sales, and the remuneration is calculated according to the components.

In other words, small and micro business operators are mostly entrepreneurs for the first time. Their knowledge of the industry's expertise is not deep enough, resulting in a trademark that is not registered.

Some of the relevant managers lack the basic legal protection consciousness of trademark rights, and they are still doing business after knowing that the trademark of the OEM is infringed.

In addition, "two ways convergence" is not tight enough to give criminals a chance to take advantage of it, reducing the impact.

The consequences of punishment are far beyond imagination.

In view of the frequent occurrence of the crime of counterfeiting and selling fake goods by illegal and OEM production in small and micro enterprises, the head of the intermediate people's Court of the city said that unauthorized counterfeiting of other brands of goods was in accordance with the law.

The amount of punishment is far more serious than ordinary people can imagine.

To this end, the responsible person pointed out that the production and business operators should be honest and honest, and must not be penny wise and pound foolish.

So how can we help small and micro enterprises avoid taking the road of counterfeiting and selling crimes? The Third Municipal People's Procuratorate of the city proposes to implement the supporting policies of small and micro enterprises.

We should improve the statistical investigation, monitoring and analysis and regular release system of small and micro enterprises, increase the implementation of relevant policies and financial support to promote the development of small and medium-sized enterprises, implement tax preferences, lighten the burden on enterprises, increase financing efforts, and help develop the market.

At the same time, strengthen

The publicity of the right legal system is carried out jointly by the intellectual property office and other relevant departments to carry out the legal publicity of respect for intellectual property rights and the protection of original intellectual achievements. Through the launching of knowledge lectures, legal advice and dissemination of laws and other materials, the publicity of trademark law and other laws and regulations and typical cases of infringement of trademark rights are publicizing, so as to enhance investors and operators' awareness of protecting trademark rights according to law.

Finally, we should strengthen the linkage of trademark supervision, adhere to the principles of both trademark brand cultivation and trademark infringement strike, and strictly enforce the responsibilities of supervision and strengthen the comprehensive enforcement of law, while further strengthening the "two ways convergence" of trademark infringement.