"Eradication of copy products" x "High school students" Model lessons for hands-on intellectual property rights infringement prevention education using actual copy products
If you write the contents roughly
・ Class contents: In the high school "modern society", we will hold a class of intellectual property rights infringement prevention education to learn correct knowledge about copy products.
January 2021, 1 Ministry of Economy, Trade and Industry Patent Office "Eradication of copy products" x "High school students" Experience-based knowledge using the actual copy products ... → Continue reading
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Copy products(Copy Shohin) is a product that intentionally resembles something.Some are legal and some are illegal.For popular products of other companiesdesign,商標And so on.brandIf you want to resemble the trademark ofFake brandAlso called a product.Alternatively, a natural product or a processed product of a natural product, for example, an artificial product that resembles food or jewelry is also called a copy product.Depending on the type of goodsCopy food, Also called a copy car.
Excellent function / design and high market, mainly best-selling and long-sellingvalueManufacture by imitating the product with.In addition, media-related data that is duplicated and sold is also included in this category.
Often, poor materials are used compared to the original product, or errors that occur when disassembled parts can cause inferior functionality and durability, which is simply Sometimes called.
If the similarity with the original product is remarkable, the original right holder has the followingIntellectual property rightCan infringe.
- Brands that are effectively registered as trademarkslogo・ Product name, etc. → Trademark.
- Design (appearance) → It depends on the country,Design right(Japan·The United Kingdom)・Right (EUCountries) ・Right (The United States of America)Such.
It should be noted that in Japan, a design right is protected only when the design is effectively registered.In other countriesThree-dimensional trademarkRights may exist.
However, if the product is manufactured or sold that is significantly similar to the unique product sold in advance by another person, or if a similar product such as a logo that is well-known or has special prominence is manufactured or sold. Apart from infringement of intellectual property related lawsUnfair Competition Prevention LawMay be touched.
in JapanCustoms law(2006UntilTariff declining balance method)Freight that must not be imported”Includes so-called fake brand products,輸入Imports can be suspended if discovered during inspections or customs inspections of immigrants.
Sometimes it is "unlicensed but legal".In many cases, it is related to the difference in intellectual property rights system between countries and the expiration of the protection period.
- Formally entitled
- It is legal if it is officially entitled by the original owner.Mitsubishi Motors Lucas filmPartnered withス タ ー ウ ォ ー ズ"Mitsubishi Star Cars" campaign that resembles the logo of.
- Public domainBecame
- Copyrights, patents, and design rights have an expiration date, so they become public domain (PD) when they expire.If the commercial value still remains at that time, similar products will be manufactured and sold at the same time.
- When the patent right of a drug expiresGeneric drug, Of the movieCopyright protection periodWhen it runs outPublic domain DVD, The protection period of the design right has expiredGeneric productIs an example.
- However, since the expiration date of intellectual property rights (especially copyrights) varies from country to country, the rights may still be valid in other countries.
- Since the trademark right can be extended indefinitely, the trademark right usually does not disappear while it has commercial value.
- I didn't register my rights
- Patent rights and trademark rights need to be registered in each country.Therefore, copy products may be sold in countries where the rights have not been registered.
- In the past (due to the peculiarities of old American copyright law), this could happen with copyright.NEC Intel8086Compatible chipsV30When manufactured, Intel will be registered in non-formalistic countries such as Japan.Copyright noticeI couldn't claim the copyright because I didn't do it.
- That kind of intellectual property right does not exist
- For exampleIndiaIn the case of pharmaceutical products for which patents are valid in other countries, because ingredient patents are not granted.Generic drugCan be manufactured and sold.
Cases of each country
1950 eraJapan isMisc & Amenities, Toys, lighters, textiles,陶器Design atPlagiarismThere were so many vendors that the bad publicity about exports became a problem.From the year following the resumption of restricted private trade (1947), complaints of design infringement cases caused by Japanese textile products were immediately brought to GHQ from the Manchester Chamber of Commerce and Industry in the United Kingdom.
Trying to foster domestic companies by promoting exportsJapanese govermentIt ’s a source of trouble,The United Kingdom The外交Over 40 averages per year through routesComplaintNot only apply for1957(ShowaJapan visited the UK in 32)Aiichiro FujiyamaMinister of Foreign AffairsHas evolved into a situation where design plagiarism is struck.By the way, FujiyamaIndustrial designOf advertisingclassicMasterpiece "From Lipstick to Locomotive" (Raymond Lowy)翻 訳It was a famous story.
At the timeMinistry of International Trade and IndustryとPatent OfficeDifficult to deal with, but it took time to resolve.Britain was particularly protesting about textiles.LancashireLocal producers1930 eraI didn't forget the memory of being damaged by Japan, who was plagiarizing the trademark.This plagiarism issue was a distant cause of the GATT Article 35 issue on the diplomatic side.In other words, 14 countries including the United Kingdom, France and the Netherlands have resulted in discriminatory response to the Japanese side.
On the one hand, it is true that foreign buyers sometimes requested it (private market research and market development were impossible due to difficulty in traveling), but it is also true that producers lacked legal awareness. is there.Various attempts were made there.One of them was to invite foreign designers to Japan.The aforementioned Lowi,Le Corbusier,Charlotte Perriand,,,Kai FrankThe purpose was to disseminate and enlighten the importance of design by actually creating it, giving on-the-job guidance, and giving lectures.
Also, in industries that are particularly problematic, the government decided to set up a foundation to have manufacturers register their designs and create a framework to clarify the design rights of exports.In other words, he tried to create a framework in which plagiarized designs could not be exported with the help of legislature.In addition, plagiarism is a matter of morality, and since it is born from the attitude of leaving it to others who do not try to make designs from themselves, I tried to raise awareness through incentive agencies.This started with the aim of changing public awareness and moving producers by informing consumers of well-designed products.
Ministry of International Trade and Industry and Japan Patent Office as educational activities1953(Showa28 years) in FebruaryShirokiya department storeThe copy products and the real ones were displayed side by side at.Some Japanese found a point of reflection, but some said it was overkill. Enforced in 1959 and againOfficialsWas founded aroundGood Design AwardIn activities in the public and private sectors1960 eraThe number of copy products decreased.Japan OfCustomsでSeizedThere are so many copy products2011(HeiseiAs of 23 years) 93%People's Republic of ChinaIt is a copy product manufactured in.
Fashion brand in China,Electrical appliances,Automobile,bikeVarious fake brands such as etc. are on the market in a straightforward manner,Copycat(Shangjay,Shānzhài)It is called.S insideQNY (SONY) Radio and batteries, SHARK(SHARP) Mike, HONGDA (HONDA) MotorcycleThere are also products that claim to be confusing trademarks such as, which has become a major problem.
In fact, the fake brand was registered as a trademark first, and the real thing was treated as a copy product, which is famous.MujiIn some cases, as in the case of, we lost the case in China or had to use another trademark.While using its own brand, it may imitate the popular designs of other companies.The United States of America OfSegwayWhen Ninebot of China, which had been criticized for copying from, acquired Segway, "the head family isCopycatWas hijacked byTIME magazineWas reported with surprise..In addition, the membership was deprived of the International Counterfeit Countermeasures Association (IACC), an anti-counterfeiting organization.Alibaba Group OfJack MaThe chairman was controversial, saying, "The fake is better than the real thing."
South KoreaThen, the copy products, which are also called Me-too products (counterfeit products),confectioneryHas become a serious social problem in the industry..Especially in the confectionery industry, even if you invest a lot in new product development, it does not always sell, and the idea that copying hit products is easier and more reliable than investing in research and development of new products is the background. It is in.Also KoreaLotte,NongshimEven large companies like this sell copies of products from other companies in Japan and South Korea.Pepero,SaeukkangSee section).
These products don't just imitate names and packaging designsPull out development personnel from competitorsAs a result, there have been reports of cases where the company's technology is acquired and manufactured.[Note 1].
Permission from the owner of the original product (license), It is produced.If the trademark right of the brand is licensed, it will be sold under the same or similar brand as the original (not a fake brand), but otherwise it will be an original brand.
The quality is often the same as the original.This is especially true if the brand is licensed.However, the licensee's technical capabilities are insufficient or to prevent it.technology transferIf is restricted, it will be inferior to the original.
Accurately reproduced past products using only modern materials (because the ones at that time were not available)SupportThere is also a genre called, and they are enthusiastic about these.フ ァ ンThere is a market that exists, such as acquiring.
Basically, even if the original intellectual property rights remain, they are not fake because they are genuine products licensed by the right holder or manufactured by the right holder himself.However, once a legitimate replica is on the market, it may be sold without being declared a replica.
Super copy is one of the best copy products.This super copy was mixed in the store that sells genuine products, and it was mistakenly sold, which has become a problem.
In extreme cases, the original maker pays attention to the copy maker's imitation technology and grants a formal manufacturing right to eradicate copy products, or acquires each copy maker and uses the imitation technology to reduce manufacturing costs Sometimes..Of the philosopherJean BaudrillardDescribed that the line between genuine and fake would disappear in a highly consumer society.
Artificial products that are often produced when natural products are expensive or rare.合成 皮革(Trademark names such as "Clarino" and "Exaine") are the most successful categories in this genre, and because of the waterproofness and weather resistance that natural leather does not have, they are sometimes used as needed.ClothingOnce rare in relationshipsfurInstead of, these daysAnimal rightsFrom the moral aspect such as problemsFaux Fur(Artificial fur) is also widely used.
A famous example of food-relatedCrab stickThere is.Crab sticks are real for consumerscrabThere is a history that "crab" can no longer be used as a product name under the direction of the Ministry of Agriculture, Forestry and Fisheries because it is confused with processed foods...ActuallyWalleye pollockUsing surimi and flavored with crab brothKamabokoIs.As an artificial food, "for childcare" that has been around since the Taisho eraPowdered milkThere is.In addition, as a typical example in recent years, man-made using technology derived from the development of chemical technologysalmon roeThere is.
- ^ HaitaiCrown confectioneryA case where the chocolate cakes "Oyes" were imitated by Orion as "Owau". Three researchers involved in the development of "Oyes" were pulled out by Orion.However, the Orion side argues that "researchers change jobs voluntarily, and'Owau'is not a product that requires a great deal of skill."
- ^ West Japan Newspaper 2011/09/03 China is 93%
- ^ a b "Similar company name, proliferating in Hong Kong-mass sales of home appliances in China", Nikkei Sangyo Shimbun, June 2005, 6, page 6
- ^ a b "Tensei Jingo" "Asahi Shimbun" April 2010, 4
- ^ Shigenori Wada "Chinese Trademark Circumstances 2Kizuna International Patent Office, viewed April 2012, 4
- ^ "Why This Chinese Startup Just Bought a Company Americans Love to Ridicule". TEAM (September 2015, 4). 2019/2/12Browse.
- ^ "Alibaba Chairman Jack Ma said, "The fake is better than the real thing," and the criticism is concentrated. "No wonder there are only imitations on the management site."-China". Record China (September 2016, 6). 2019/2/12Browse.
- ^ a b "South Korean confectionery industry, similar product problem worsens'[Broken link]"Chosun Ilbo] April 2006, 2,Archive
- ^ JIC.CO., LTD. --The official website of JIC.CO., LTD., The distributor of the YAMUDA brand.
- ^ "Cub Taizen 35 ・ NEW Super Cub 110 production area ・ China Shin-Osu Honda | WEB Mr. BIKE”(Japanese). www.mr-bike.jp. 2018/11/4Browse.
- ^ (PDF) Established in September 2000
- ^ Kosaku Kaio "What and how to make-The finest copy food made by chemistry-Artificial salmon roeMonthly "Chemistry" January 1984 issue (Volume 1, Issue 39), p. 1