Wealth
Vol 5 Chapter 358: Professional counterfeiters
Of course, it is easy to suppress the government officials who are fake companies with Yifan's current contacts, but it is somewhat inappropriate to do so.
The so-called bachelor doesn’t block people’s wealth. This is a bit more domineering, but it is also easy to offend people. After all, people rely on this to accumulate political achievements. Comparing the two for their own interests, naturally their own interests are the most important.
No matter how much backing you have, as long as you block the ascent of others, you will be hated by others.
Fan Wubing took the time to contact the headquarters and explained his guiding principles, asking them to come up with some targeted anti-counterfeiting methods as soon as possible, and to respond quickly in conjunction with advertisements to inform users of this matter. .
It stands to reason that anti-counterfeiting is originally the responsibility of the government's functional departments. The anti-counterfeiting of enterprises is a last resort, and it is forced to go to Liangshan. In addition to dealing with fraud, companies have to spend a lot of energy and functional departments dealing with it. Not only that, if the products of domestic companies are counterfeited, they are most afraid of media exposure, because once exposed, it will easily lead to the passing of user groups. In addition, high budgets can hardly guarantee the planning and continuity of anti-counterfeiting. Most domestic manufacturers believe that they are temporarily still Without this capital.
Almost all companies involved in the anti-counterfeiting work believe that the domestic penalty for producing and selling counterfeit products is too light to be the core problem of the current anti-counterfeiting work. Light penalties not only make anti-counterfeiting lose its due deterrent, but also form a social tolerance for counterfeiting, promote local protection and departmental protection, and even give rise to the weird theory that counterfeiting can expand the local economy.
After discussing for a long time, Fan Wubing and others believe that only by strengthening the criminal investigation and punishment of counterfeiters and their coordinators can the domestic problem of manufacturing and selling counterfeit products be effectively solved. From the legislative point of view, the biggest obstacle to criminal prosecution is the lack of clear and appropriate legal provisions to determine whether the manufacture and sale of counterfeit products constitutes a crime or should only be subject to administrative penalties such as fines and confiscation.
The World Trade Organization’s Agreement on Trade-Related Intellectual Property Rights has established a global standard for the criminal responsibility of criminals who manufacture and sell counterfeit products. That is, any counterfeiting case that reaches a commercial scale should be held criminally responsible. However, domestic laws and regulations The judicial interpretation does not meet the above-mentioned standards in this respect.
In addition, there are several interrelated practical problems that also hinder judicial investigations and prosecutions of counterfeiters. Among them, the public security and prosecution departments lack the necessary manpower and material resources, insufficient training of law enforcement personnel, prevalence of local protectionism, and administrative agencies. There is a lack of coordination and cooperation with the judiciary. The intervention of the public security organs and the investigation and evidence collection should begin after they suspect the illegal activities of producing and selling counterfeit products, not after the criminal acts meet the prosecution standards stipulated by the law.
These specific operational issues have a certain connection with the above-mentioned legal issues related to prosecution standards. Because the relevant criminal prosecution standards are unclear or too strict, for example, the law requires evidence to prove that counterfeiters have sold or manufactured counterfeit goods worth more than RMB 50,000. Administrative agencies and judicial agencies usually refuse to pursue criminal responsibility for fraud cases.
The practice of substituting fines for penalties is also quite common. Driven by tight funding and profit. It is also due to the vagueness of laws and regulations and the lack of precise control. For some fraudulent acts that have been suspected of criminality. Law enforcement agencies often do not collect evidence and investigate seriously. The case is generally closed by confiscation of counterfeit products, confiscation of illegal gains, and fines. Instead of transferring the case to the public security organs.
therefore. The cost of fraudulent crimes is very low. So many talented people are happy about it.
After Fan Wubing arranged things. It didn't take long. Davis called him. Let him pay attention to a news report on counterfeit land in the mainland.
Fan Wuyi flipped through the newspaper. Sure enough, I found the anti-fake news that Davis said. At first glance, it was a familiar character. It is also Wang Hai, a place famous all over the country for its professional anti-counterfeiting.
At the beginning of the year. Wang Hai saw the promulgation of consumer rights protection laws. At that time he was studying law in a correspondence class. I just want to see if this thing is really useful. So I bought two Sony headphones in the mall with the mentality of giving it a try.
Then he took the headset and went to the Consumer Association. But it was not found. So I found the quality inspection department. The quality inspection said that they do not appraise the goods where individuals purchased. So he found business again. The industry and commerce said that a certificate must be issued by the quality inspection department. Prove that the headset is a fake. I ran back and forth several times in this way, but the identification was unsuccessful. So he went to the mall and bought all the remaining ten. Go to the Industrial and Commercial Bureau and ask the Industrial and Commercial Bureau to assist me in returning the goods.
The shopping mall took the initiative to return the goods, but there was no compensation, and it was not clear whether his goods were fake or not, but he just gave him the money.
Later, he came to Beijing for the second time and got the compensation from the mall. At that time, it also caught up with Beijing’s promulgation and implementation of the "Consumption
"Implementation Rules of the Protection Law", he thought that the legal provisions were clearer and he went to the mall to buy some fake and shoddy products. This time the effect was better, and finally he received a total of more than 8,000 yuan in compensation.
Later, Wang Hai began a professional anti-counterfeiting process. This anti-counterfeiting behavior whose main purpose is to obtain compensation has attracted the attention of the media. The hostages are a hackneyed method, and he believes that this is a lack of legal basis, but Some people also think that the basis of hacking is that someone is making fakes and selling fakes. Therefore, although professional anti-counterfeiting is aimed at profit, it also objectively limits the wanton expansion of counterfeiting and selling fakes.
Fan Wuyi was inspired by this. He felt that it would be good to hire someone to fight fakes, and save himself time and effort to pay attention to these things. This can be regarded as an agent system, so he asked people to contact Wang Hai.
It didn’t cost much to find Wang Hai. At this time, he was fighting counterfeit products for a company that produces motorcycle trunks. He had sold more than a dozen dens and made some money, but he always felt that the reward was still low. Some, but they did not expect a large company like Fan Investment Group to find him.
When Wang Hai saw Fan Wuyi, he talked to him about his anti-counterfeiting experience, “To crack down on the counterfeiting merchants, industry and commerce and public security must be dispatched together, otherwise it will not be effective. Because the Bureau of Industry and Commerce has not exercised the power to arrest, even if a den is found. If you find the counterfeit, you can only fine and confiscate the product. People are taken away because they don’t have this power. This often leads to such a phenomenon: the industry and commerce department confiscated the counterfeit and issued a ticket for the counterfeit, but the counterfeit was counterfeited the next day. I ran away, and the fine was gone. If the Bureau of Industry and Commerce was given the right to catch fraud, the effect would be much better. Another point is that the department does not act. Large companies dare not touch, and small companies are too lazy to catch. Large companies either have a hard backstage or a hard backstage. That is, it generates a lot of income, which is helpful to the local fiscal revenue and cannot be easily offended; small businesses cannot be fined if they are caught. Therefore, many counterfeit manufacturers have been let go. Therefore, I suggest that an acceptance receipt system be established. After reporting, you must There is a record of acceptance, whether there was any investigation, and the result of the investigation. These should be known to the whistleblower and avoid government officials' inaction."
"This kind of matter involves too many areas, at least at this stage, it can't be resolved, because of the relationship of interest, your consideration of joint law enforcement simply does not work." Fan Wuyao directly denied Wang Hai's idea.
In fact, Fan Wubing himself knows a little bit too well. The so-called piracy is also right. The reasons for the rampant piracy and counterfeiting in China are also very clear. Take audio-visual products and software products, such as the industries with the most serious intellectual property rights infringement, mainly. These industries are caused by improper pricing policies.
Due to improper pricing policies in these industries, the prices of most audio-visual products and software at that time seriously deviated from the purchasing power of domestic consumers. For example, if a system software in the United States sells for US$99, it is acceptable for US consumption with a per capita annual income of US$20,000. But in the same year, the per capita disposable income of Chinese urban residents was only 4,283. Yuan Renminbi is equivalent to more than 500 U.S. dollars.
However, the price of software sold in the United States for 99 dollars is generally more than 1,000 yuan in China, which is usually more expensive than that sold abroad. Such pricing is a huge expenditure for most Chinese urban consumption, and rural consumption is even more unaffordable.
Due to the mistakes in the pricing policy, huge market demand has been provided for pirated audio-visual products and software, and even consumers who originally hoped to buy genuine products at a reasonable price have to invest in the embrace of piracy~www.wuxiaspot.com~ This is relative to the annual payment. In terms of the huge losses caused by the infringed, the illegal risk cost of intellectual property infringement is still very low. In addition, China's huge low-income consumer group has a huge market demand for cheap goods, and it is easy for goods with infringement of intellectual property rights to occupy this market with a price advantage.
"I don’t care about the problems of the general environment, and I am not qualified to care. What I want you to do is to find counterfeit dens for my company and destroy them. As for the remuneration, you can directly follow my high Let's talk about it, you won't be disappointed." Fan Wubing said to Wang Hai.
"As long as the price is right, I am happy to do this job." Wang Hai replied.
Now that it’s a hit, the next thing is simple. The two parties signed a formal contract. The anti-counterfeiting company newly established by Wang Hai and others has become a partner of the Fan Investment Group, which is dedicated to the various members of the Fan Investment Group. The company provides professional services.
Only when Fan Wubing arranged things here, Fan Heng called him over there, saying that the new appointment and removal order had been issued.
Today is the second update
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