The State Intellectual Property Office first responded to the "Shanzhai" phenomenon
the State Intellectual Property Office first responded to the "Shanzhai" phenomenon
April 23, 2009
[China paint information] Tian Lipu, director of the State Intellectual Property Office, made a comprehensive and formal evaluation of the current "Shanzhai phenomenon" popular in the field of IT products for the first time yesterday
at the press conference of the State Council office, Tian Lipu quoted a research institution's analysis report on Shanzhai, saying that a considerable number of Shanzhai have been suspected of infringing others' design patents and exclusive trademark rights. He said that this phenomenon is not worth any affirmation, publicity and cheers, because relevant manufacturers have been suspected of violating the law and infringing the intellectual property rights of others. "We should know that imitation and plagiarism are never innovation, so we should have a clear position and attitude in this regard."
but Tian Lipu said, "if an enterprise, whether it is in a cottage, village or plain, produces a product that embodies creativity and innovation, has good quality, more functions, does not infringe the rights of others, and has been recognized by the market at a price acceptable to consumers, this should be affirmed. In fact, this is an innovation."
taoxinliang, Dean of the school of intellectual property of Shanghai University, told CBN that the concept of "Shanzhai" is difficult to be clearly defined. The experimental data show that it is not a strict term. In fact, it is like a big basket, which deletes the legal and illegal content: it is packed in it, so it can't be simply judged. Whether various "Shanzhai" phenomena infringe upon rights or not should be specifically analyzed and positioned according to law
"'shanzhai 'is a popular word, which may not last long, and the tide will rise and fall." Tao Xinliang has not advocated the widespread use of this word in society. In fact, the Shenzhen municipal government once intended to use the word "Shanzhai" in the government work report, and finally changed it to "primary innovative products"
Wang Weibo, consul and intellectual property Commissioner of the U.S. Consulate General in Guangzhou, is quite familiar with "Shanzhai" products. He told CBN that on the surface, many fake products will be different from the imitated objects in terms of functions and trademarks, because these manufacturers do not want to be defendants, which is also the basis for their defense once they go to court. Wang Weibo said that he had seen restaurants with logos very similar to KFC, cars similar to BMW, and cosmetics brands that changed Olay (Olay) to Oley
he told that after China's accession to the world trade organization, the field of knowledge product protection can form a win-win cooperation with other enterprises. The mode of cooperation is constantly changing and developing, and the government's legislation and law enforcement have also made great progress. As for the infringement phenomenon in "Shanzhai" products, Wang Weibo said: "it takes time to affect the Chinese people."
on this point, Tian Lipu has stressed on many occasions that China is strengthening intellectual property protection now, not because of external pressure, but for its own development and the transformation to an innovative country
"if a country relies solely on infringement and piracy to survive and develop, it has no future. Why should China formulate a national intellectual property strategy? That is, to fundamentally and gradually solve this problem, we must establish an atmosphere of advocating innovation and encouraging the formation of independent intellectual property rights. Only by making such changes in culture and concept, can we gradually eliminate and reduce piracy, infringement and counterfeiting." Tian Lipu said yesterday