Swarovski infringement counterfeit products overflow, brand-positive protection of the electricity business a cry

After the new Express report, did not obtain Swarovski authorized "mu-en" "beautiful decoration industry" and other brands, Jingdong mall Dangdang and other electric dealers carried out the next frame processing. Currently in the sale of "Mbox" "Crystocraft (Cass Duke)" and other brands, inquiries by reporters, are "Swarovski elements" of the authorized products.

The network buys the sale to be disorderly, the brand business active rights, the electricity merchant cries

In the New Express has a series of reports "the proliferation of Swarovski infringing products network", and "Beijing East refused to respond to alleged infringement issues", a few days ago, Jingdong Mall to the New Express issued to clarify the statement, said "Jingdong Mall sales of ' Swarovski ' and ' Swarovski Elements ' brand products are from legitimate channels, suppliers and brand manufacturers have the legal qualification.

However, for the new Express in the report of alleged infringement of goods, the reporter yesterday to login Jingdong mall Dangdang, such as a number of electronic business sites, found that the alleged infringement of the goods have been the shelves. This shows that the problem caused by the "unauthorized" continues to ferment.

Beijing East apology: explanation is misleading

Recently, Jingdong Mall on "Swarovski" and "Swarovski elements" in response to the new Express, "products are from legitimate channels, suppliers and brand manufacturers have legal qualifications, complete product procedures and with formal commercial invoices, is in line with the law of the People's Republic of China's legal provisions of the regular merchandise." ”

Reporter yesterday to visit Jingdong Mall, found this newspaper earlier mentioned, the sale of "Swarovski elements" in Jingdong Mall products, including "Mu-en" "beautiful decoration industry" and many other brands (these are not available from the official Swarovski website to search for the authorized brand), have been under the shelves, and the current sales of "Mbox" Crystocraft (Cass Duke) "and other brands, inquiries by reporters, are" Swarovski elements "of the authorized products.

At the same time, previously in the Dangdang sales of suspected products have been shelves.

For the "Swarovski elements" of the explanation is misleading, Jingdong Mall said, "The use of brand name in the process of not conforming to the requirements of the brand, will be corrected immediately to the brand and consumers to bring inconvenience, Jingdong Mall express the most sincere apology." ”

Swarovski: Still investigating the story of Jingdong

For "Swarovski" products, although Jingdong Mall insists that "suppliers have the legal qualification." "Swarovski (Shanghai) Trading Co., Ltd. (hereinafter" Swarovski ") issued a statement to the New Express, said," There is no authorized in the Chinese Area Jingdong Mall of excellence Amazon sales Swarovski products. " At the same time, no website has been authorized to sell Swarovski products in China. ”

"Swarovski is still investigating and confirming this," said Swarovski, who responded to Jingdong Mall. "Even the legitimate dealers of Swarovski are not authorized to sell Swarovski products online, and they still need to investigate the ' legitimate suppliers ' described in Jingdong Mall," said Swarovski's official. "The reporter had consulted with the Jingdong Mall in Friday to make reference to the full name of the brand and the supplier, but no reply had been received as of yesterday afternoon."

Special Reminders

Online Swarovski is not guaranteed

Swarovski's official told reporters that the Chinese product warranty is only for products with product warranty cards and sales tickets, and purchases in the physical store, "as long as these documents, the world can be guaranteed." The official stressed. This means that products purchased online that claim to be "Swarovski" are not guaranteed in the physical store.

For the warranty issue, Jingdong Mall said, "Jingdong Mall and related suppliers in the scope of the law to be responsible for these goods-related after-sales service." ”

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Online purchase of unauthorized products flooded behind

The issue of the proliferation of unauthorized products by internet buyers has long been heard, before. New Express also published the article "Jingdong Mall has not been Borghese authorized, suspected of selling fake", but "unauthorized" incident is still happening, which is involved in the brand dealer network business between the wrestling game.

Brand Business

Thoroughly investigate or make distributor "Reverse water"

It is not difficult to find that, in exposing unauthorized products, the brand has always been the protagonist, but always "point", although the goods are not authorized goods, but did not make it clear that the prohibition of infringing goods sold online, also did not point out that these "unauthorized goods" is a fake. In fact, this involves the relationship between the brand and the Distributor. "In the domestic E-commerce site for many years, the Director of marketing, Mr. Zhang told reporters."

"At present, the domestic electricity dealer website sells the unauthorized commodity if is the genuine goods, then mostly is by the brand dealer to provide." "Because the goods are provided by legitimate dealers, the brand is unwilling to crack down on the proliferation of infringing goods," Mr. Zhang said. Because after all, network sales for most offline brands, still accounted for a very small part of most of the sales online, the brand is unwilling to go out with the big dealers, because it will affect offline sales. ”

From this, brand traders are facing the balance line under the price of the issue, "because the domestic electricity business site to ' discount ' for the selling point, in order to balance the interests of new goods and inventory, some brands will expressly provide online goods must be more than 3 months of inventory. "This creates a ' sell stock, less new ' phenomenon," Mr. Zhang revealed. ”

Electrical business

High cost of obtaining authorization

As for the website, whether the goods are authorized to the business impact is not small, and the cost of obtaining authorization is very large. At present, the traditional regional distributor system is mainly from the regional size of the agent region to weigh the agency costs, and the Web site sales are nationwide, the agency's cost if the reference to the traditional dealer system, high cost, and network sales can not reach the level of regional distributors.

Second, the brand is also unwilling to authorize the website to operate the brand, mainly considering the impact of the brand image of the problem, "especially the domestic site to ' discount ' for the trend, which greatly damage the interests of brand-makers." Mr. Zhang said, "At present, the domestic larger electric business website has already paid attention to this aspect question, generally speaking, for most domestic brand and two or three line brand, the electric dealer can obtain the relevant authorization certificate from the Distributor." But for foreign brands, the basic can not get authorization, so this is the current electrical business sensitive belt. ”

The reporter has also on the authorization to ask Jingdong Mall, as one of the giants of the domestic electric business, Jingdong Mall also said, "because Jingdong Mall sales of commodity prices lower than the price of brand manufacturers, we are actively communicating with brand manufacturers, and look forward to working with brand manufacturers to reach friendly relations of cooperation." ”

Supervision

Regulations on Internet Retail management are being introduced

In fact, the current issue of whether or not to authorize goods, from the legal point of view, there is no very direct provisions. The industry is concerned about the issue of whether the Internet Retail management regulations are being introduced. "Generally speaking, in terms of business and quality control, as long as the products sold by the electricity dealers are ' authentic ', it is not a fake," Mr Zhang admits. He said, "even foreign brands, as long as the provision of a customs declaration can prove that the goods and documents, belong to the genuine, the authorization does not have much impact on the electrical business." ”

Intellectual property researcher of China University of Political Science and political Science Zhao Occupation said that, from the legal perspective, there is no very direct infringement of goods provisions. "It is not a trademark infringement if it is not a licensed product." And as long as the product is not false, and there is no copyright infringement, the brand does not have the legal basis to investigate the responsibility of the electrical business. The so-called "copyright infringement" refers to the direct use of brand advertising copy and pictures.

Therefore, to pursue such responsibility, brand operators can only start from the channel, "the product specific source if from the Distributor, and brand dealers and distributors have direct sales channel restrictions, the distributor constitutes a contract breach, so this situation, can only strengthen the channel management, including the legal liability of the channel to investigate the breach." ”