China Apparel Association Held A Conference On Safeguarding Rights In Garment Enterprises In Beijing

In December 3, 2010, China Apparel Association Clothing was held in Beijing. enterprise Work conference on rights protection. Chen Dapeng, executive vice president of the China clothing association, Liu Wenfu, deputy director of the anti monopoly and Anti Unfair Competition Law Enforcement Bureau of the State Administration for Industry and commerce, the head of the State Administration for Industry and commerce, director of the anti monopoly and Anti Unfair Competition Law Enforcement Bureau, Wei Li, and representatives of well-known domestic enterprises and legal experts attended the meeting.

At the meeting, the representatives of enterprises said that they were near brand names, fake and shoddy, counterfeiting and so on. tort The situation is more serious. According to some representatives, the following brand name infringement acts make enterprises "abhor" and are hard to guard against. The first illegal operator registered overseas companies (mainly in Hongkong) with the well-known trademarks of the mainland as the shell companies of the enterprise name, and then produced and sold products on the mainland. Second, some agents or distributors and enterprises after the termination of the contract, continued to use the company's trademark for sale, seriously affected the brand image of the company; third, there were also well-known trademark names in the company names which were directly registered in different places in the country, or registered trademarks or trademarks similar to those of trademarks; in addition, internet infringement was more serious, and brand products were often sold by Taobao shop online as a fake store image. Business representatives agreed that these behaviors violated the principle of good faith, disrupted the market order of fair competition, threatened the excellent national brands that had been cultivated and developed for many years, and hindered the healthy, orderly and sustainable development of clothing brands.

In response to the questions raised by the representatives, Wei Li director gave the scene answer. He said, first of all, enterprises should strengthen the internal management system, and be strict and perfect when signing contracts with agents and distributors. Secondly, enterprises should have self-protection awareness, dare to take up legal weapons and tortious acts to fight, and safeguard the legitimate rights and interests of enterprises. Third the illegal business operators are drilling the gap between laws and regulations, such as the registration of enterprise names is territorial jurisdiction, and now there are several thousands of name registration organs, leaving an opportunity for the "famous brand".

At the meeting, Secretary Liu Wenfu also gave guidance advice to enterprises. He said that the independent brand of clothing industry is a national brand. As a law enforcement agency, it is necessary to vigorously protect its own intellectual property rights and protect national brands. In recent years, the industrial and commercial organs and judicial departments at all levels have made full use of the powers entrusted by the law in protecting intellectual property rights and combating "unfair brand competition". Through special actions, case collaboration, regional linkage and supervision by the General Administration, all kinds of "brand-name" businesses have been effectively dealt with and resolutely investigated and dealt with, and have played an effective deterrent against lawless elements. However, various kinds of "unfair brand competition" existing in the market still exist to a certain extent, and they constantly change their tactics to circumvent the law in every possible way.

He pointed out that the phenomenon of "near brand" existing in the market has the following characteristics: first, the regionality of the infringed brand, from abroad to domestic brands, and spreading to the well-known brands in the country, have become the object of tort by criminals. The two is the complexity of the way of infringement. The registration of trademarks and the registration of enterprise names are separated. Although trademarks can only be registered together, the names of enterprises can be registered at the county level industrial and commercial departments, giving them no opportunity to seize the opportunity. Three, the means of infringement are more subtle. The criminals use the difference between the registration system of the enterprise names outside the environment and the relevant domestic laws, and register the names or trademarks of well-known enterprises abroad (such as the Hongkong area). After that, they are used for commercial use in the territory of China in the name of authorized processing and authorized use, resulting in consumers mistaken for the wrong purchase. He said that enterprises should strengthen communication and exchanges with law enforcement agencies, and actively and effectively promote brand growth and development in a healthy market environment.

Finally, Chen Dapeng, executive vice president of China clothing association, made a concluding statement. He pointed out that the convening of the conference is a concentrated reflection and communication and exchange between the enterprises' infringement and rights protection process. It is also a new start for the Chinese clothing association to assist enterprises in carrying out their rights protection work in the future. On the one hand, we call for the establishment and improvement of relevant laws and regulations. On the other hand, we hope to establish a long-term mechanism to strengthen communication with enterprises through better communication with brand enterprises so as to better safeguard the rights and interests of enterprises.