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Anti-Counterfeiting
in China and RussiaDr. Hans Joachim Fuchs, General Manager
© 2018 CHINABRAND CONSULTING
© 2018 CHINABRAND CONSULTING
Von: Yuli [mailto:[email protected]]
Gesendet: Freitag, 2. Februar 2018 13:07
Betreff: GOOD MORNING GANGNUS ALEXANDER, DO YOU NEED XENON LIGHTS NOW? (philips &
osram)
DEAR GANGNUS ALEXANDER, This is YuLi from China. our business is philips and osram D series product.
if you interesting in this product ,please reply me ,and i will send you more pictures and price list.
thanks
by YuLi
Fake Parts Find Their Way …
3
Litigation, lawsuits
Warnings
TM Opposition /
Patent Nullification
Report of
fake certificates
Customs actions
Public Relations,
Lobbying
Investigations
Raids, Inspections
Laboratory tests
Deletion of
Websites
Destruction
of fakes
Rule 2: Holistic Approach – Create and Maintain Pressure
© 2018 CHINABRAND CONSULTING 4
Rule 3: Use Indirect Measures
▪ individual
▪ narrow focus
▪ direct
▪ linear
▪ occupy terrain
▪ comprehensive focus
▪ indirect
▪ surrounding
© 2018 CHINABRAND CONSULTING 5
1. IPR strategy
2. Prior Art Defense, nullification
3. Security technology
4. Reactive legal, e.g. litigation
5. Proactive legal, e.g. nullification
6. Mediation
7. Buy, licensing
8. Cooperation, e.g. OEM
9. One Step Ahead (Innovation)
10. Fight Fire with Fire
11. Cut supply chain
12. Cut sales channels
13. Customs recordation
14. Informing customers
15. Global enforcement
16. Certificate strategy
17. Bad-quality-strategy, laboratory tests
18. Lobbying
19. PR-Strategy, blogging
20. Strengthen brand, Well-known TM
Proven ACF Strategies
© 2018 CHINABRAND CONSULTING 6
▪ Patent Law (2008) and the Implementing Regulations of the Patent Law (2010) (invention
patent, utility model and design patent)
▪ Copyright Law (2010) and the Implementing Regulations of the Copyright Law (2013)
▪ Trademark Law (2013) and the Implementing Regulations of the Trademark Law (2014)
▪ Regulation on the Customs Protection of Intellectual Property Rights (2010)
▪ Law against Unfair Competition (2017), Art. 6, 9, 17, 21
▪ Criminal Law (2017), Art. 219, 220
▪ Advertising Law (2015)
▪ Product Quality Law (2009)
▪ Law for the Protection of Consumer Rights (2013)
▪ General Provisions of the Civil Law (2017), Art. 7, 8, 123
▪ Tort Liability Law (2009)
▪ Law of the People's Republic of China on Import and Export Commodity Inspection (2013)
▪ Road Traffic Safety Law of the People’s Republic of China (2011)
▪ People's Republic of China Road Transport Regulations
7
Use All Suitable Legal Remedies
© 2018 CHINABRAND CONSULTING
▪ Notice of the State Administration for Industry and Commerce, the Ministry of Transport and
the State Administration of Quality Supervision, Inspection and Quarantine on Further
Strengthening the Behavior of Automobile Sales and the Supervision of the Quality of Auto
Parts
▪ Notice of the Ministry of Finance, the Ministry of Science and Technology, the Ministry of
Industry and Information Technology and the National Development and Reform
Commission on Continuing on the Promotion and Application of New Energy Automobiles
▪ Notice of the State Council on Issuing the Planning for the Development of the Energy-
Saving and New Energy Automobile Industry (2012-2020)
8
Automotive-Related Policies
© 2018 CHINABRAND CONSULTING
▪ Registration of IPR
▪ Contracts with employees,
suppliers, dealers
and logistics partners
▪ Control of incoming goods
▪ Structural measures
▪ Technical protection
measures
▪ Information and communication
technology measures
▪ Separation of processes and
know how
▪ Pre-employment screening
▪ Employee evaluation
▪ Job rotation
▪ ACF reward systems
▪ Security technologies
Short-term
<1 year
Middle-term
1-3 years
Long-term
>3 years
▪ Training of employees,
dealers and customers
▪ Supplier and dealer audit,
due diligence
▪ Fluctuation management
(e.g. bonus programs)
▪ Fake-hotline, webpage
▪ Control of production
▪ Control of distribution
▪ Supply chain management
▪ Public relations
▪ Lobbying
▪ Cooperation with
other companies
▪ Corporate Identity
▪ Working together
with associations
▪ Lobbying with Government
▪ Lobbying in Western countries
▪ ACF-networks and databases
▪ Ombudsman
© 2018 CHINABRAND CONSULTING
Combine ACF Measures by Time
Basic action:
investigation,
raid, lawsuit
against one
target
Warning to other
infringers
Selective information to
dealers and customers
Widespread public
relations campaign
© 2018 CHINABRAND CONSULTING 10
Enforcement Strategy: Massive Attack
Shanghai
Guangzhou
Shenzhen
Ningbo
© 2018 CHINABRAND CONSULTING
Enforcement Strategy: From East to West
11
Undercover
Investigations
Preservation of
EvidenceLegal Measures
▪ Assignment of detectives
▪ Undercover interviews
▪ Sham business
▪ Observations
▪ Call history & record (PSB)
▪ Loyalty tests of employees
▪ E-mail monitoring (PSB)
▪ Insider know-how
▪ Focused investigations in
milieus and regions
▪ Spot checks
▪ Trade fair monitoring
▪ Management and controlling
of detectives
▪ Procurement of documents
▪ Taking pictures
▪ Procurement of samples
▪ Recording of conversations
▪ Recording of videos
▪ Authentication of evidence
▪ Administrative procedures
(AIC/SAIC)
▪ Administrative raids
(AIC/SAIC)
▪ Police raids (PSB)
▪ Restraining order
▪ Deletion and nullification
proceedings
▪ Litigation
▪ Criminal trial
▪ Cutting off distribution channels
▪ Deletion of counterfeiters’
websites
▪ Cease-and-desist letters for
counterfeiters and distributors
▪ Cost-benefit-analysis
▪ Management of trials
Public Relations
Lobbying
▪ Creation of press articles in
Chinese
▪ Contacts to editors in print and
online media
▪ Placing of articles
▪ Monitoring of publications
▪ Dispatching of publications to
selected target groups
▪ Lobbying with associations,
organizations and public
authorities
Basic Procedure
© 2018 CHINABRAND CONSULTING 14
Counterfeit Auto Parts – Regional Centers
Findings of Counterfeit Auto Parts
Clusters of Counterfeit Auto Parts
Start in Hot Spots
15© 2018 CHINABRAND CONSULTING
Cutline
- Colors: orange = municipality, blue = provincial capital, black = other cities
- Symbols: distribution center metropolitan area
- Arrows: Inland sales Export
- Arrow / line thickness: emphasis on strength of import/export volume
● Harbin
● Lhasa
Xining ●
Hohot ●
● Urumqi Changchun
● Shenyang
●
●
●
●
Taiyuan ●
● Xi‘an
● Chengdu
Yinchuan
●
● Kunming
● Nanning Guangzhou, Shenzhen,
Zhongshan, Foshan, Shenzhen,
Qingyuan
Haikou ●
● Xiamen
● Fuzhou
● Hangzhou
● Nanchang● Changsha
● Wuhan
● Guiyang
Jinan
● Lanzhou
● Zhengzhou
● Nanjing, Danyang, Changzhou
Taizhou, Yuhuan
Wenzhou, Rui‘an
● Jinhua, Yiwu
Haikou, Hefei, Beijing,
Hangzhou, Xi‘an,
Fuzhou
Liaoning (Shenyang), Inner
Mongolia, Jiangsu,
Shandong, Guangdong,
Beijing, Shanghai,
Chongqing, Dongguang,
Kunshan, Baotou, Wuhan
(Potentially) Africa, Middle East
No specific countries●
Hefei
Anhui
Beijing, Tianjin,
Shanghai, Shandong
(Linqing), Shanxi,
Henan, Inner Mongolia,
Heilongjiang, Xinjiang,
Guangzhou
● Shijiazhuang, Cangzhou (Hejian), Xingtai
● Linqing
●Beijing, Tianjin, Jiangsu, Fujian,
Sichuan, Zhejiang, Hebei,
Jiangxi
Hebei
●
Shanghai, Fuzhou, Guilin,
Changsha, Liaoning,
Wuhan
Southeast Asian
countries
Wuhan
●Zhoukou,
Doumen
Southeast Asian countries
●
Harbin
Consider Export Destinations
© 2018 CHINABRAND CONSULTING 16
Foshan
Aote Lishi
ZJTEXNingbo
Hansen
Ye Guozhou *
ebm-papst
Shanghai
Dealer
Manufacturer
Supply
Alliance
Network
Raid
Lawsuit
Investigation
Beijing
Ximeng
Beijing
Longwei
Shengda
Beijing
Sanding
Zhongtian
Hong Along *
Ye Guozhou *
Business partner
Official dealer
* Legal Representative
Henan
Dingzetong
Ye Yuqin *
Ye Guo zhou is the
background boss
Former unofficial dealer, now official dealer for Henan prov.
Ximeng is
a part of
Dingzetong
?
Changzhou
Xiangming
Zhang
Guoxiang *
GP
Liu Zhengrong? *
Liu
Zhengrong *
Liu
Zhengrong *
Ningbo
Haitian
Ye Mingsen *
Fake labels
Shenzhen
Shenrong
Provides
fan blades
provides fake
fans
Shenzhen
Jiansheng
Dongguan
Zhongju
Shenzhen
Yuetai
TUOPUSI Unknown
label printer
He Shuhua *
PR
Shenzhen
Longgang
Dongguan
Saige
?
Unknown
factory
Sanmen Qilin
(Qida)
provides
unlabelled
fans
Foshan
Guangyi
Provides
fake labels
Shunde
Yusheng
one comapany
Provides
unlabeled fans
Suspect Shanghai
employee Tao Chuan
Helps Ye to sell
fakes
Haitian is suspect to
be the alias of GP
Hansen is
parent of
ZJTEX
TUOPUSI
sells fake
fans to
Saige
Xiangming prints
labels on request
Unknown
factory
Jiansheng sells fake
fans to Longgang
Suspect
companySuspect
company
Shenzhen
Huaqiang
Jeeger
SUNWILL
?
Ebmpapst counterfeiters network
© 2018 CHINABRAND CONSULTING 17
A&B
ElectricChitianYuyao
YuedaYuyao
Songxin
Yuyao
Arty
BaishiteMaydamlux
Xingke
BEGA Counterfeiters Network High Risk Level
Provides die castings
Provides design ideas / proposals / drawings
of the die castings
+
Die casting manufacturer
- LED
- Wall
- Spot
- Garden
- Solar
- Wall
- Bulkhead
- Spot
- Bollard
- Garden
- Garden
- Wall
- In-Ground
- Recessed
- Spot
- LED
- Garden
- Bulkhead
- Landscape
- Bollards
- Classical
- LED
- Wall
- Recessed
- Spot
- In-Ground
- Underwater
- LED
- Solar, wind
- Wall
- Garden
- Lawn
- Bulkhead
- In-Ground
- LED
- Garden
- Wall
- Waterproof
Fuxing
Unknown Die
Casting Manuf.
(possibly incl.
Xingke & Fuxing)
Ducheng Yanyu
- Garden
- Street
- Underground
- Spotlights
- Street
- Wall
- LED
EU Asia
20 mn
USD/pa
Asia
EU
Asia
USA
EU
EU EU
EU
USA EU
USA
Asia
USA
Core counterfeiter
Export Export
destination
HK Exhibitor in
Hong Kong
Exhibitor in
Guangzhou
GZ GZ HK, GZ HK
GZ
HK HK HK
GZ GZ
Die
Casting C
om
pa
ny
Lig
htin
g M
an
ufa
ctu
rer
Le
ge
nd
Core Counterfeiters
(Interdependence: die casting company provides
castings, lighting company provides design drawings)
EU
Jingyuan
- Garden
- Outdoor
- Bulkhead
- Wall
- Ceiling
GZ
Shianna
EU
+ South
America
In-depth investigation
EU
USA
Same
owner
Export volume
per annum
50 mn
USD/pa
30 mn
USD/pa
20 mn
USD/pa
Lighting company
+ South
America
12 mn
USD/pa
18
19
Cross-Border Investigations
© 2018 CHINABRAND CONSULTING
▪ Global network of professional IP
investigators
▪ Trace back the supply chain to identify
the Chinese manufacturer
▪ Procure shipping documents
▪ Get information through skillful
conversation
▪ Law enforcement in third countries
20
▪ 300+ investigators and informers,
familiar with local environment
▪ Nationwide network
▪ Quick response to local market
▪ >150 findings per month
▪ Basis for undercover investigation
and raids
© 2018 CHINABRAND CONSULTING
Carpet Investigation: Market Monitoring via WeChat
▪ Russia is still mostly an offline market: trade fair and real market monitoring
▪ But: good indications of fake sources online, e.g. in professional forums
▪ Key to success: professional on-site investigation and evidence preservation
▪ Extremely important: close cooperation with authorities
What is Different in Russia? Monitoring the Real Market
© 2018 CHINABRAND CONSULTING 27
▪ Administrative actions are usually started by police, based on an
application of the right owner
▪ For fakes imported from (mostly) China: customs recordation!
▪ Customs are very efficient and the recordation in the database
TROIS / ТРОИС is highly recommended
▪ For fakes produced and distributed in Russia: IP Court / Arbitration
▪ Administrative prosecution based on anti-unfair competition by the
Federal Antimonopoly Service of Russia
What is Different in Russia? Ways of Enforcement
© 2018 CHINABRAND CONSULTING 28
What is Different in Russia? Customs Recordation Database
© 2018 CHINABRAND CONSULTING 29
Auto parts, auto engine parts, etc.
▪ For fighting infringement, a qualified
survey is very helpful
▪ Best address: VCIOM / ВЦИОМ:
Russian Public Opinion Research
Centrum
▪ Defines the degree of similarity of goods
/ services / trademarks based on public
opinion research and expert interviews
▪ The results are accepted by the IP
courts / regular courts / administrative
authorities for proving the fact of
counterfeiting
▪ The survey is also necessary to get a
Well-Known Trademark status
What is Different in Russia? Opinion Surveys Highly Effective
© 2018 CHINABRAND CONSULTING 30
▪ General awareness of the problem grows, chances to defend own IP are getting better
▪ Government has announced centralized ACF measures for auto parts in 2017
▪ Revenues for fake automotive parts just for passenger cars: 5 – 8 billion rubles / year
▪ Genuine auto parts should be marked with chips, just like it is implemented for products
of natural fur, details are being discussed
What is Different in Russia?
© 2018 CHINABRAND CONSULTING 31
Infringement
Litigation
Warnings
Opposition and
Invalidation
Proceedings
Reporting Fake
Certificates
Customs
ActionsPublic Relations,
Lobbying
Investigations
Raids,
Inspections
Laboratory
Tests
Deleting
Websites /
URLsDestruction
of Fakes
ACF-Strategy
Know-how
Protection Concepts
Company
Databases
Registration
of IPR
Monitoring,
Screening
IP-
Training
IP-
Guide
Protection
Technologies
Document
Processing
IP/ACF-
Databases
Judgment
Databases
Sample
Purchasing
Mediation
© 2018 CHINABRAND CONSULTING
▪ Research & Analysis
▪ Enforcement
▪ Prevention & Protection
One Stop Shop: Holistic Approach
32
Contact
For China:
Dr. Hans Joachim Fuchs
General Manager
Tel. +49 – 89 – 321 212 8016
Contact
© 2018 CHINABRAND CONSULTING 33
For Russia:
Evgeniya Vazhova
Manager
Tel. +49 – 89 – 321 212 8012
CHINABRAND CONSULTING LTD.
Munich Office
Grashofstrasse 3
D-80995 Munich, Germany
Phone: +49 – 89 – 321 212 80
Fax: +49 – 89 – 321 212 80 20
www.chinabrand.de
blog.chinabrand.de