Chapter 358 Professional Counterfeiter

Although with Fan Wubing's current connections, it would be easy to suppress the government officials who pretended to be companies, but doing so was somewhat inappropriate.

As the saying goes, bachelors do not block people's way of making money. This is certainly more domineering, but it is also easy to offend people. After all, people rely on this to accumulate political achievements. You are cracking down on counterfeiting for your own benefit, and you are also acting as a protective umbrella for others. For one's own interests, comparing the two, naturally one's own interests are the most important.

No matter how big your backing is, as long as you block other people's upward channels, 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 measures as soon as possible, and to respond quickly in conjunction with advertising to inform the majority of users of the matter. .

Logically speaking, cracking down on counterfeiting is originally the responsibility of government departments, and companies have to do it as a last resort and are forced to do so. In addition to dealing with fraud, companies also have to spend a lot of energy dealing with functional departments. 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 loss of user groups. In addition, high budgets cannot guarantee the planning and continuity of anti-counterfeiting. Most domestic manufacturers believe that they can still survive for the time being. Don't have the capital.

Almost all companies involved in the fight against counterfeiting believe that domestic penalties for producing and selling counterfeit goods are too light as a core problem in the current fight against counterfeiting. Light penalties will not only make the crackdown on counterfeiting lose its due deterrence, but will also cause the whole society to tolerate counterfeiting, encourage local protection and departmental protection, and even lead to the bizarre theory that counterfeiting can develop the local economy.

After long discussions, Fan Wubing and others believed that only by strengthening the criminal investigation and punishment of counterfeiters and their collaborators can the problem of domestic counterfeit production and sale be effectively solved. From a legislative perspective, the biggest obstacle facing criminal prosecution is the lack of clear and appropriate legal provisions to determine whether the production and sale of counterfeit products constitutes a crime, or whether it should only be subject to administrative penalties such as fines and confiscation.

The World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights has established a global standard for pursuing criminal liability for criminals who produce and sell counterfeit products. That is, any counterfeiting case that reaches a commercial scale should be investigated for criminal liability. However, domestic laws and Judicial interpretations do not meet the above standards in this regard.

In addition, there are several interrelated practical problems that also hinder the criminal investigation and prosecution of counterfeiters by judicial agencies. Among them, the public security and prosecutorial departments lack the necessary manpower and material resources, insufficient training for law enforcement personnel, the 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 start after suspicion of illegal activities in the production and sale of counterfeit products is raised, not after the criminal behavior meets the prosecution standards stipulated by law.

These specific operational issues are somewhat related to the above-mentioned legal issues regarding 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 and judicial agencies often refuse to pursue criminal liability in cases of fraud.

The practice of substituting punishment for punishment is also quite common. Due to tight funding and driven by interests. It is also due to the vagueness and lack of precise restrictions in laws and regulations. For some cases that have been suspected of criminal fraud. Law enforcement agencies often do not conduct serious evidence collection and investigations. The case is generally concluded by confiscating counterfeit products, confiscating illegal income, and imposing fines. Instead of handing the case over to the public security organs.

therefore. The cost of crime in counterfeit land is very low. So many people enjoy it.

After Fan Wubing arranged things. It didn't take long. Davis called him. Let him pay attention to a domestic news report about cracking down on counterfeiting.

Fan Wubing flipped through the newspaper. Sure enough, I found the fake news that Davis mentioned. At first glance, he turned out to be a familiar figure. He is also Wang Hai who is famous throughout the country for his expertise in cracking down on counterfeiting.

At the beginning of the year. Wang Hai saw the introduction 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 them a try.

Then he took this headset to the Consumers Association. But none was found. So I found the quality inspection department. The quality inspection said that they do not authenticate the goods purchased by individuals. So he found industry and commerce again. The industry and commerce department said that the quality inspection department must issue a certificate. The headphones are proven to be fake. I went back and forth several times without success. So he went to the mall and bought 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 store took the initiative to return the goods, but did not pay compensation and did not tell whether the goods were fake. It just gave him the money to settle the matter.

Later, he came to Beijing for the second time and received compensation from the mall. At that time, it also caught up with Beijing’s promulgation and implementation of the “Consumption

"Details for the Implementation of the Protection Law", thinking that the legal provisions were clearer now, he went to the mall and bought some fake and shoddy products. This time, the effect was better, and he finally received a total compensation of more than 8,000 yuan.

Later, Wang Hai began the process of professionally fighting counterfeiting. This kind of anti-counterfeiting behavior with the main purpose of obtaining compensation attracted the attention of the media. Some hostages believed that this was a gangster method and believed that it lacked legal basis. However, Some people also believe that the basis of gangsterism is that some people are producing and selling counterfeit goods. Therefore, although professional anti-counterfeiting is for profit, it also objectively limits the wanton expansion of counterfeiting and counterfeiting activities.

Fan Wubing was inspired by this, and thought it would be a good idea to hire someone to fight counterfeiting, so as to save himself the time and effort to pay attention to these things. This could be regarded as an agent system, so he asked someone to contact Wang Hai.

It didn't take much trouble to find Wang Hai. At this time, he was working for a company that produced motorcycle trunks to crack down on counterfeiting. He had eliminated a dozen dens in total and made some money, but he always felt that the reward was still insufficient. Some people didn't expect that a big company like Fan Investment Group would come to him.

As soon as Wang Hai saw Fan Wubing, he talked to him about his experience in fighting counterfeiting, "To crack down on counterfeiting businesses now, the industrial and commercial and public security forces must be mobilized together, otherwise it will be ineffective. Because the Industrial and Commercial Bureau has not exercised the power to arrest, even if the den is found, If counterfeiters are found, they can only fine and confiscate the products. The person is arrested. Because they do not have this power, this often leads to a phenomenon: the industrial and commercial department confiscates the counterfeit goods and issues a fine for the counterfeiters, but then the counterfeiters are found guilty of counterfeiting the next day. Just run away, and there will be no fines. If the Industrial and Commercial Bureau is given the power to catch counterfeiters, the effect will be much better. Another point is that large companies dare not do anything, and small companies are too lazy to catch them. It just generates a lot of revenue and helps local fiscal revenue, so we can’t offend easily; small businesses can’t be fined much if they are caught, so many counterfeiting manufacturers are just let go, so I suggest that we establish an acceptance receipt system, and we must ask for it after reporting. There is a record of acceptance, whether there has been an investigation, and the outcome of the investigation. These should be made known to the whistleblower, and this should also prevent government officials from inaction. "

"This kind of matter involves too many areas, and it cannot be solved at least at this stage. Because of the interests, your joint law enforcement consideration is simply unfeasible." Fan Wubing directly rejected Wang Hai's idea.

In fact, Fan Wubing himself also knows that there is a right to piracy, and the reasons for the proliferation of piracy and counterfeit goods in China are also very clear. Taking audio-visual products and software products as an example of industries with the most serious intellectual property infringements, the main reasons are This is caused by improper pricing policies in these industries.

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 piece of system software sells for US$99 in the United States, it is acceptable for American consumption with a per capita annual income of US$20,000. However, the per capita annual disposable income of Chinese urban residents in the same year is only US$4,283. yuan, equivalent to more than 500 U.S. dollars.

However, software that sells for 99 US dollars in the United States is usually priced at more than 1,000 yuan in China, which is usually more expensive than sold abroad. Such pricing is a huge expense for most Chinese urban consumers, and it is even less affordable for rural consumers.

Due to mistakes in pricing policies, there has been a huge market demand for pirated audio-visual products and software, and even consumers who originally hoped to buy genuine products at reasonable prices have to turn to piracy.

Compared with the huge losses caused to the infringed parties every year, the illegal risk cost of intellectual property infringement is still very low. In addition, China's large low-income consumer group has huge market demand for cheap goods, and goods with intellectual property infringement can easily occupy this market with price advantages.

"I don't care about the general environment, and I don't have the qualifications to care. What I want you to do is to find the counterfeiting and counterfeiting dens targeting my company, and then destroy them. As for the reward, you can go directly to my superior. Let the supervisors talk to you, I won’t let you down,” Fan Wubing said to Wang Hai.

"As long as the price is right, I'm happy to do this job." Wang Hai replied.

Since they hit it off, the next thing is simple. The two parties signed a formal contract, and the newly established anti-counterfeiting company by Wang Hai and others became a partner of Fan's Investment Group, specializing in providing services to various companies under Fan's Investment Group. The company provides professional services.

Fan Wubing had just arranged things here, and Fan Heng called him over there, saying that a new appointment and dismissal order had been issued.

The second update is delivered today