Recently, the China Youth Daily has continuously reported that "Italian official institutions to fight in China" has become a hot spot of news. The reporter's investigation found that the pseudo-Italian brands involved reacted differently, or “justifiedâ€, or played innocently, or were busy “destroying evidenceâ€. At the same time, after the Italian side submitted 30 suspected counterfeit Italian brands to the Chinese authorities, “foreigner’s anti-counterfeiting†seems to have reached a stalemate. Some enterprises began to avoid "Italy" After the publication of this newspaper, some of the companies involved have clarified their relationship with "Italy" and said that they have "no relationship" with Italy. The “Toscani†leather goods distributed by Beijing Times Weiyi Leather Co., Ltd. has always promoted its “Italian bloodlineâ€. After the report, the reporter of China Youth Daily opened the contact number of the company. The staff told the reporter that “Toscani†is a domestic brand and China is registered in China. The staff explained that they never advertised that the brand is an Italian brand. “It may be that we have a foreign name. This is a misleading customer. I think it is an Italian brand... We are domestic brands, but have international quality. However, this staff member stressed that the products of leather bags and luggage are better in foreign production techniques, and the "foreign name" can better cater to the consumer psychology. “Puini†is a “pseudo-Italian brand†distributed by Hangzhou Natu Home Furnishing Co., Ltd. After the report, the company still insists that it is an Italian company. When the reporter asked further, the other party said that he was not the specific person in charge, and he did not know much about what was going on; the reporter turned to another “responsible personâ€, but the staff member’s “Italian lineage†to Phuket’s "Do not talk about it, but always tell the reporter about the sales situation. There are also companies that have begun to delete information related to "Italy", such as the "Obers" bag of Guangzhou Roewe Handbags Co., Ltd. The reporter found that the company's website has revoked the "'Obers OBOSI' trademark 'from the Italian brand'", "Obers products are "supervised by the Italian Opus (Hong Kong) Group Co., Ltd." and so on. Italy" related information. The reporter called the Guangzhou Roewe Handbags Co., Ltd., which operated the brand. The other staff denied the content that had appeared on the company's website, and said that “Obers†is a private label, designed by its own designers, mainly in the middle. High-end products. Shenzhen Ruilang Precision Time Co., Ltd., which produces “San Marco SanMarco Watchesâ€, is still on its official website. Its chief designer is “Mr. Maliannu, the Italian watchmaker of Venice...designed for the St. Mark brand. Its Italian style." However, when the reporter called the company to ask if St. Mark was an Italian brand, the staff said that the company had never said that it was an Italian brand. The auto accessories brand "Cosda" was previously advertised as "derived from the Italian international brand model" and was "Italian handmade", but the Italian flag pattern, the Italy logo and the logo have been removed from the company's website. A fraudulent national IP office logo. The reporter contacted the brand operator Guangzhou Changwei Auto Accessories Co., Ltd. The staff of the company denied the promotion of “Italy†on the company website. “You can go to the website and see that we are Italian brands.†The reporter said that the trademark of the brand used the pattern of the Italian flag. The other party did not respond positively, but said "we are European-style products." Some companies have simply closed the webpage, such as the "Italian Elderly International Development Group" website, which has been "website construction". Some companies still call themselves "Italian design" but many companies still emphasize that they are "Italian design." "Nino Ferre NitaFerlettiItaly" is a trademark registered by Beijing Deshifeng Clothing Tie Co., Ltd. The company said in its brochure that it introduced the "NinoFerletti" brand from Italy in 2001, and called the "Nino Ferre" brand "the famous Italian menswear brand, which has a history of 150 years. In fact, the so-called "Nino Ferre" is not well known in Italy and has not registered trademarks in Italy. After the Italian Foreign Trade Commission issued a counterfeit letter to the relevant Chinese authorities, the State Administration for Industry and Commerce has already decided to reject the application for trademark registration for Nino Ferretti Italy. But this does not seem to affect the company's promotion of its "Italian quality." Recently, the reporter came to Nino Ferre's counter in Beijing World Trade Center, and the sales staff told reporters that "this is the tie of the Italian brand." When asked if the brand was registered in Italy, the other party said "this is what we introduced from Italy." The other party also told the China Youth Daily reporter that the tie of the brand is “Italian designâ€. As for the design of the Italian designer or the design of the Chinese designer according to the Italian style, the sales staff did not make it clear, but repeated it again. It is an Italian design, and the workmanship is also of international quality." The reporter also contacted the operator of the so-called "Italian origin" car perfume brand "Gofira Gafera" operator Guangzhou Morayi Auto Accessories Co., Ltd. The other party first claimed that the car perfume was "Italian". The reporter further asked "Is it native to Italy?" The other party replied "is an Italian raw material with Italian essential oil." The company staff told reporters that the processing of the product is in China. get on. Is the “SSIMO†distributed by Shanghai Yumei Leather Co., Ltd. “born in Florence, Italy†as stated in the brochure? When answering the reporter's question, the company's staff stressed that "the trademark was registered in Italy," the reporter asked. "Why is the trademark registered in Italy later than the time of registration in China?" The staff member said, "Then It’s not clear.†Who is the “fake foreign brandâ€? Recently, Italy’s anti-counterfeiting in China has caused great concern in China, but no significant progress has been made yet. The reporter contacted several local industrial and commercial departments, and the answers were very vague. There was no clear way to deal with them. Among the 30 batches of fraud-related enterprises provided by the State Intellectual Property Office of China, the companies registered in Guangdong and Beijing are the most concentrated. The staff of the Guangdong Provincial Administration for Industry and Commerce said that "there has been no notice for the intention of the Italian side to crack down on China." The relevant departments of the Beijing Municipal Administration for Industry and Commerce said that after making a specific investigation, they can be dealt with according to relevant regulations according to the actual situation. The staff of the Beijing Municipal Administration for Industry and Commerce told the reporter that if the Italian side did not contact the State Administration for Industry and Commerce for the anti-counterfeiting incident in Italy, the specific investigation work would not be the responsibility of the Trade and Industry Bureau. "Which department he is looking for is responsible for taking the lead in checking this matter." The staff told the China Youth Daily that if they want to investigate these companies, "it is very difficult to obtain evidence." If the reporter can provide evidence, it is the best. . Then, if there is evidence that a company does have false propaganda and misleading consumers, what measures will the industry and commerce department take? The staff said, "If you are in violation of the road, first check if you have a driver's license. If you have a driver's license, you have to look at which one is specifically violated. In fact, business is a truth." The reporter also contacted the national industry and commerce. When the General Administration asked him what he thought of the “fake foreign brandâ€, one staff member said that “the State Administration for Industry and Commerce is not responsible for specific cases and should be handled by the local industry and commerce bureau.†The first infringement submitted by the Italian Foreign Trade Commission On the list, the State Administration for Industry and Commerce responded on October 12, 2011 that the China Trademark Office had rejected the trademark registration application for the two brands “NinoFerlettiItaly†and BestibelliMilan. As for the behavior of some trademark owners involved in the use of Italian names in the use of trademarks, the respondent may respond to the relevant provisions of the Trademark Law to report complaints to the local industrial and commercial administration. There are also some claims that it is an Italian brand or an Italian company. Whether there is false propaganda or misleading consumers, it must be investigated and dealt with by the industrial and commercial authorities with jurisdiction. This makes Ding Shengqiao, the head of the Beijing Branch of the Intellectual Property Department of the Italian Foreign Trade Commission, very difficult: “These brands are sold nationwide. Which business sector should we report to?†Dai Shengqiao believes that they are Italian Government agencies, it is difficult to go to a local business department. It is understood that the Italian Foreign Trade Commission is led by the Italian Ministry of Economic Development. The Italian Ministry of Economic Development is the official body of Italy, which functions as the Ministry of Commerce of China, but its scope of management is broader than that of the Ministry of Commerce, including telecommunications, energy and other industries. In terms of management objects, trademarks, etc. are also included. "As an Italian government agency, we of course have to report to the Chinese national management department. If we have to go to various cities to go to court, we have only six people in this department. How can we be busy? And it is not our main job to fight fakes." Lawyer Pang Lipeng of Beijing Pangbiao Law Firm told the reporter that the government should do something about the supervision of the “fake foreign brandâ€. It is not illegal for a merchant to go abroad to register a trademark and sell it. It is the right of the business itself, and the government should not take it. However, if the merchant misleads the consumer and registers the foreign trademark with the false origin of “from Italy†and “Italian importâ€, the industrial and commercial department can manage it and is obligated to manage it. "Italy to China to fight against fake" was deadlocked. Dai Shengqiao told reporters that when he came to China in April 2010, he discovered that some so-called Italian brands were not registered in Italy, nor were Italian designers involved in design, nor even in Italy. Set up a factory. The Italian Ministry of Economic Development considered these “pseudo-Italian brands†to be detrimental to the image of Italy, so that Dai Shengqiao set up a Beijing studio of the Intellectual Property Department to investigate. Since July 1, 2011, the Italian side has reported a total of three batches to the State Intellectual Property Office, with 10 in each batch. After the last two batches of complaints, the Italian side has not received a reply so far. Recently, the Italian side has successively discovered thirty or forty “pseudo-Italian brands†and is preparing to submit complaints to the State Intellectual Property Office again in the near future. "Maybe because I don't know much about China's national conditions, foreigners may be deadlocked by such a holiday." Attorney Yu Qiguang of Shandong Zhongcheng Renhe (Zibo) Law Firm believes that "legally, complaints against Chinese companies are counterfeiting Italian brands, the Italian government The main body is not suitable." He analyzed, "If there is a counterfeit Italian corporate brand in the Chinese market, the Italian government can act on behalf of the Italian company, but it is not the case, then it is not the case, then It is not appropriate for the Italian side to make a complaint with the government as a right holder. This is also the place where Dai Shengqiao feels embarrassed. In his view, these “pseudo-Italian brands†infringe mainly on the rights of Chinese consumers, but it is difficult for Chinese consumers to understand whether these brands are true Italian brands. They only provide Chinese consumers with this aspect. Reference Information. Yu Qiguang believes that the situation reflected by the State Administration for Industry and Commerce in Italy can be regarded as a "cue" treatment, allowing local industrial and commercial departments with jurisdiction to investigate and determine, and then deal with them according to relevant laws and regulations. Liu Junhai, director of the Institute of Commercial Law of Renmin University of China and vice president of the China Consumers Association, believes that since the Italian side has provided us with clues to the “pseudo-Italian brandâ€, we should investigate the 30 companies involved, if the situation is true. Give appropriate administrative penalties and thoroughly clean up this phenomenon. Lawyer Pang Lipeng believes that this phenomenon is ultimately infringing on the interests of Chinese consumers, so consumers should sue these manufacturers to combat these fake brands. It is understood that Pang Lipeng's law firm is collecting clues for consumers to defend their rights in the country, hoping to defend their rights as consumers and take the mode of public interest litigation.
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