Event review: Double-leaf furniture patent rights protection furniture industry surprised high claims
At the beginning of this year, the person in charge of Fuye Furniture discovered that the three products of "Bed Head", "Four Door Wardrobe" and "Xuanguantai" of Lai's furniture production and sales existed in terms of function, use and sales. The same. As early as July 2010, Fuye Furniture applied for the “Chinese National Design Patent†for its four-door wardrobe, bedside and drawer panel design, and was authorized in December of the same year.
Futaba Furniture believes that these three products produced by Lai's Furniture fall within the scope of patent protection enjoyed by the company and are suspected of infringement. After the appearance of counterfeit furniture, it seriously affects the sales of patented products. Therefore, the double-leaf furniture is calculated by the unit price of 10,800 yuan for the four-door wardrobe, 3,000 yuan for the bed, and 2000 yuan for the drawer panel. According to the sales of each store for every 10 days, the sales volume is multiplied by the price for one year, and then multiplied by the net profit. (General net profit of furniture is about 30%), and ultimately requires Lai's furniture compensation of 25.12 million yuan.
Related events: Guangzhou Furniture Fair exposed plagiarism
The 29th Guangzhou International Furniture Fair was again plagiarized by the storm. On the morning of March 22, Sihai Furniture held a press conference, claiming that the four companies including the artist's 100-year-old plagiarized the products designed by Sihai Furniture last year. At present, the four involved companies have all removed the products suspected of plagiarism, and the enterprises involved are further negotiating. It is understood that among the four exposed companies, the artist has the most plagiarized furniture in the past 100 years. Its products are simply the “twin brothers†of the patented products of Sihai Furniture, and the other three products are also more than 80% similar. Sihai Furniture said that the four seas officially sued the artists with the deepest plagiarism for a hundred years, and the other three were only given warnings.
The artist suspected of plagiarism admitted that some of the products he exhibited had copied the "Kaffinda" series of four-sea furniture. Artists in Zhejiang Province for centuries also admitted that they were negligent, and did not promptly treat the exhibits suspected of plagiarism. After many parties' negotiations, the artist promised to remove the three suspected products of wine cabinet, chest of drawers and bedside table on the spot, and promised to respect the protection of intellectual property rights in the future production process. At present, the products that the artist has been suspected of plagiarism have been withdrawn.
The status quo of the industry: plagiarism has formed a complete chain, and the design is infringed.
The Chinese furniture industry has always had a ubiquitous and troublesome problem - plagiarism, and it is becoming more and more intolerable! The furniture industry plagiarized and repeatedly banned, but because of the current new products for the furniture industry in China, only the appearance protection policy, so that some well-known furniture brand manufacturers in the anger at the same time also showed helplessness on the road to rights protection! Plagiarism has formed a complete chain
Ma Juni furniture representative Wang Meng told reporters that the current domestic furniture plagiarism has formed a relatively complete, systematic chain. Every major international exhibition, these companies will go abroad to see the exhibition, through the camera, buy a version, etc., get the overall appearance of the new product, and then in their small factory for imitation, production, and finally shipped to the store for sale. Wang Meng said that although the appearance of this kind of product is very similar to that of genuine products, the quality is very different, because there are some shortcomings in other details such as craftsmanship and functions. Generally speaking, the price is also very different from the genuine one.
Enterprises do not hesitate to spend energy and money to go abroad to watch exhibitions, spend huge sums of money to buy genuine furniture, and develop plagiarism into a complete chain, or because it is profitable. A person in charge of a furniture company told the reporter that the cost of purchasing a set of mid-end genuine furniture is about 50,000-70,000 yuan. After deducting the cost of dismantling and putting into production, the price is between 20,000 and 40,000 yuan. In the meantime, profits generally increase exponentially.
Three key elements of corporate rights protection
1. The protection of the Patent Law of the People's Republic of China is limited to the appearance of the product.
This protection is limited to the appearance of the product, and only if the appearance of the product has a similarity rate of more than 80%, can it be confirmed as plagiarism or copying the appearance of the product, which means that the counterfeiter only slightly modifies the craft and shape of the product. It is easy to avoid infringement punishment. In addition, if a company wants to protect its products, the premise is that the product has applied for a patent for appearance.
2, the length of the lawsuit is small
Due to the relatively low amount of compensation for furniture patent lawsuits and the long time span, some furniture companies prefer to settle privately in the face of patent infringement. It is precisely because the cost of rights protection is too high, in the furniture industry, there is a general saying that "starving to death, not to eat, and not to sue." If you run a lawsuit against someone else for a product, it will take at least a year before and after, and your product life cycle is only half a year. When the lawsuit wins, your product is outdated.
Reason analysis: the furniture industry imitates the four main reasons behind the plagiarism
The plagiarism incident in the furniture industry has also been happening. Recently, because of the occurrence of the highest amount of claims, everyone is eager to pay attention to this topic. Let's take a look at the four main reasons behind the analysis of furniture plagiarism.
High cost of furniture design and development
According to relevant information, although China is a big country in furniture manufacturing and a big exporting country, the quality of technical talents is far from meeting social needs.
The industry believes that the reason why many companies' furniture design is counterfeit is due to cost-saving considerations. These companies believe that instead of hiring designers with high salaries and taking on greater cost risks, it is better to be economically efficient when copying furniture stores at home and abroad.
“Enterprises develop a new series of products, and they need to invest a lot of money in the early stage. The whole cycle from R&D to launching the market is long. Moreover, new products may not be successful after they are listed. This also has certain risks. Small and medium-sized furniture companies dare not Capital takes this risk and prefers to follow up and imitate the hot-selling new products of large enterprises, and make a fortune, which will lead to serious product homogenization." An industry insider who asked not to be named said that counterfeiting It is impossible to reverse in the short term.
Patent applications are time consuming and laborious
“The reason why many companies are reluctant to apply for patents is mainly because the procedures are complicated and the time cost is too high.†A well-known designer in the industry who has insisted on original furniture for many years said. As for the complicated procedures, the designer said: “Filling a table can be tossed for a few months. The form does not correspond to the existing things in the company. Many things need to be edited, which consumes energy and takes time.â€
What makes her even more trouble is that the furniture appearance patent has a limitation period of 2 years, 3 years and 5 years. The designer said that she and the team need at least a year or two to develop a product. If they go through a long patent application process, "it will wait until the product is released in batches, and the patent validity period of the product is coming soon."
Not worth the loss of patent rights
The psychology of consumers “selling small brands to buy big brands†also provides a living soil for counterfeit furniture. When the counterfeiting behavior was discovered, the cost of litigation that was not worth the loss also made the rights defending company discouraged.
Cao Winchao, the former secretary general of the China Furniture Association, said that from the current point of view, after the patented furniture was counterfeited, there were not many enterprises that actually went to litigation. "Because the infringed enterprises are mostly small and medium-sized enterprises, the coverage of the patented products market is small, and the lawsuits The cost is high, and most companies choose to give up. However, if a large enterprise or a company with a large product market coverage is counterfeited, it will choose to sue because it will have a big impact on its sales."
How to break through: furniture plagiarism needs to contain experts to analyze how to break through
Protect originality in upstream control
Lai Yanan, head of Duma (Hong Kong) International Co., Ltd., said that for ordinary consumers, plagiarized furniture is not as easy to identify as pirated discs, so it is not realistic to resist imitation furniture from the consumer level. Nowadays, imitation furniture has become an industrial chain. To truly solve the problem of counterfeiting, we must start from the upstream of the industrial chain. As long as consumers can't buy counterfeit products in the market, counterfeit products will naturally have nowhere to live.
In fact, this kind of situation has occurred in the home furnishing exhibitions in recent years. The organizers often take measures to “please out†the plagiarists. It seems that the furniture circle has gradually paid attention to this problem, but the solution is not systematic enough. Only by controlling the key links in the policy can we solve the problem.
Accelerate the application of patents, the sooner action is more beneficial to you
Enterprises must always maintain their awareness of rights protection, apply for patents in time for trademarks and appearances, and avoid unreasonable attacks on illegal enterprises due to small losses. Although it sometimes lags behind by legal rights protection, it is a shock to illegal behavior and maintains the dignity of intellectual innovators.
According to industry experts, there are many ways to protect rights in enterprises. It is more conventional through legal proceedings, and enterprises can also use industry associations to defend their rights.
The furniture industry must collectively enhance the sense of innovation
At present, the furniture industry has entered the era of "warlord" melee, and foreign well-known furniture giants are also eagerly targeting China's huge market. China's furniture industry is facing unprecedented challenges and pressures.
From the collection of hundreds of domestic and foreign famous brand furniture stores, it is not difficult to see that the products of independent innovation, independent development, and the concept of national consumption have always been in a leading position in sales and market share, and those brands that have been hard-pressed and brought to the market are There is a huge crisis lurking. The use of facility may face the threat of becoming a defendant. Second, because furniture is far from the era of profiteering, low-cost competition and small scale, enterprises without independent development capabilities will inevitably be eliminated, shuffled, and integrated.
Industry insiders gather:
Secretary of the Nanjing Decoration Materials Trade Association, Qu Zhi: It is difficult for the glamorous appearance to stand on the market for a long time.
Plagiarism is actually the only way for the development of the furniture industry. In the 1990s, the furniture market was in short supply, and the consumer demand for personalized design has not yet reached one. The peak. At present, with the rise of market homogenization, the competition in the future furniture market depends largely on design. In such an era of fast-food, furniture plagiarism is also caused by the market. Although the design does not involve the quality of the product, the market still has to respect the original and take the differentiated route to deal with the industry reshuffle.
Gao Xiangsheng, vice president of the Jiangsu Interior Design Society: What are the potential factors for plagiarism? Market needs to be standardized
At present, there is no uniform standard in the market. Furniture plagiarism comes from many factors: designers are in a hurry, lack creative passion, and the original cost is high... First of all, plagiarism is certain? This is not true, but it is also a special period for the development of the furniture industry at this stage. Appropriate reference is also to absorb the experience of predecessors, and constantly add innovation, which is related to product quality? There is not much correlation in itself. For consumers, try to choose their own hobbies, lifestyle habits and other factors.
Gui Jianxun, Secretary General of the Nanjing Branch of the China Furniture Sellers Association: Respect for Originality? Take a differentiated route to deal with industry shuffling
Plagiarism is actually the only way for the development of the furniture industry. In the 1990s, the furniture market was in short supply, and the consumer demand for personalized design has not yet reached one. The peak. At present, with the rise of market homogenization, the competition in the future furniture market depends largely on design. In such an era of fast-food, furniture plagiarism is also caused by the market. Although the design does not involve the quality of the product, the market still has to respect the original and take the differentiated route to deal with the industry reshuffle.
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