Lu Mu Han: Effective Protection Of Intellectual Property Rights In Textile Industry Is The Key To Sustainable Development.

Recently, Li Qing, a businessman in Hunan, was sentenced by the court for selling counterfeit Ordos cashmere sweater, which became a hot topic at a time.

Ordos City Court multiplied by the number of inventories in Li Qing store, multiplied by a single piece. Goods The "tag price" has drawn more than 4300 yuan of "illegal business amount", and then half of it is regarded as the amount of penalty, and it has been sentenced to 5 years' fixed-term imprisonment and a fine of 21 million 510 thousand yuan. The voice of doubt is that the sentence is too heavy: Li Qing sold the fake. Cashmere sweater But more than 400 pieces each. price More than 100 yuan, the actual "illegal operating amount" is only 6 yuan.

In this case, the Beijing Youth Daily commented: "protecting intellectual property rights, encouraging knowledge innovation and maintaining the reputation of famous brands is indeed an important task for China's economy to further enhance its core competitiveness. But in what way to protect intellectual property rights, there must be a long-term institutional arrangement. Li Qing's encounter with the killing method is doomed to fail to protect the name brand enterprises at the utilitarian level. It may infringe upon the legitimate rights and interests of the parties at the legal level, which is bound to cause public doubts about the universality of the law at the social level.

How to effectively protect the intellectual property rights of enterprises is an important issue for the healthy and sustainable development of the industry. The author thinks that this case reflects not only a simple proposition of a proper sentencing law, but also a lot of deep problems reflected behind it.

On the one hand, the behavior of counterfeiting and selling has been repeatedly banned. Counterfeiting objects have spread from the international brand to the domestic national brands. The scale and the scope of the counterfeit objects have become public nuisance. The existence of fake selling and selling has caused the brand enterprises to invest a lot of manpower and material resources to create the results, which has greatly affected the enthusiasm of independent innovation and brand building. If we do not solve this problem, it is empty talk to build a strong textile power. At the same time, counterfeiting and selling are forbidden. The social sequelae caused by this are the lack of credibility. In order to prevent cheating, consumers have to learn a lot of professional knowledge and commodity identification methods. Even so, they are often fooled. In this sense, those who sell fake products must not indulge in connivance.

But on the other hand, we can not doubt whether the one-time "heavy punishment" can play the role of "killing the hundred examples". In the current situation, it is difficult to fundamentally solve the problem only by the annual "3. 15" or the occasional centralized strike action by the government departments. Li Qing is just one of hundreds of thousands of "peers". This kind of punishment is a kind of punishing punishment, which makes it hard to avoid counterfeiting and selling.

Speak a little deeper. For decades, governments around the country have been implementing the policy of supporting and strengthening the enterprises. They have attached great importance to large enterprises, but ignored the support and regulation of small and medium-sized enterprises, so that many small and micro enterprises have been living in a difficult environment and have a lot of pressure to survive. If the business environment of small and micro enterprises can not be effectively improved, the small and micro enterprises that are forced to survive can hardly go on the road of virtuous circle, and inevitably breed various market chaos.

The author believes that to solve the problem of counterfeiting and selling, we must adopt a combination of plugging and dredging. On the one hand, we must resolutely crack down on those illegal acts and be mercilessly; on the other hand, we should also provide good conditions for the lawful operation of small and medium-sized enterprises. When we shout that expanding domestic demand will become the driving force of China's economic development, we must never forget that in the domestic market, we must first do a good job in basic laws of market and institutional design.