Catch “fake Li Kui” and guard against “real Li Kui”
In the work report made by the Supreme People’s Procuratorate to the First Session of the 14th National People’s Congress, the “Series of False Litigation Prosecution and Supervision Cases of Textile Pattern Copyright Disputes” handled by the Keqiao District People’s Procuratorate were prominently listed.
China Textile CityThe reason why the “Pattern Copyright Case” was included in the work report of the Supreme People’s Procuratorate of this year’s National Two Sessions is that this case is based on the real economic environment , its social effect has contributed to the rule of law in creating the best business environment, the most dynamic market mechanism, and taking the lead in reform exploration. It has also contributed to promoting the textile industry from “weaving” to “intelligent manufacturing” and from “high speed” to “highQuality“, with exemplary value and typical significance.
It is true that the procuratorate uncovered a fraud gang from 160,000 judgment documents and successfully destroyed a criminal industry chain that “used the name of copyright to commit fraud”. The phenomenon of fake rights protection in the form of flowers in China Textile City has also Gradually died down. However, the reason why the counterfeit textile pattern copyright owner dared to blatantly sue and blackmail more than 300 business households was that even though the business households knew that the other party was “fake Li Kui”, they were concerned that they were not the “original author” and could only choose to settle privately. It is the business owners’ lack of confidence and fear of lawsuits that give criminals an opportunity to take advantage of them.
Keqiao District’s textile industry production capacity accounts for approximately 1/3 of the country’s total, and nearly 1/4 of the world’s textile products are traded in China Textile City, with a sales network covering 192 countries and regions around the world. As an important part of the textile industry chain, pattern design is the top priority of the textile creative industry and is also a high-incidence area for intellectual property rights infringement cases.
Driven by profit, some operators take desperate risks and counterfeit or pirate good products when they see them. This “plagiarism” not only causes the products to lose added value, but also brings huge losses to the original creators. If things go on like this, it will also affect the textile industry. Products tend to be homogeneous, disrupting market order. Although the public abhors this kind of behavior, it is difficult to obtain evidence and the handling procedures of pattern infringement cases are complicated. Often a case has not been settled and the product’s popularity cycle has ended. Delayed justice cannot protect the rights and interests of developers in a timely manner.
To truly protect textile intellectual property rights, we must form a full chain and digital protection mechanism for intellectual property rights that includes source prevention, front-end resolution, and gateway control to ensure effective prevention of infringements. The rights protection gate can be moved from the judicial side to the market governance side, and the “Copyright AI Intelligent Review” WeChat applet can be used to discover and stop “evil plagiarism” from the source. It is necessary to further extend the “tentacles” of the Textile Intellectual Property Rapid Rights Protection Center and improve the rapid response, protection and rights protection mechanism for handling pattern infringement disputes.
Early detection, early stopping, and early disposal are important, but there is a long way to go to eradicate counterfeit and shoddy behaviors. To eliminate “real fakes”, we need to rely on policy systems, technical means, and more importantly, the power of culture. In the increasingly fierce international and domestic competition, only by continuously strengthening independent innovation and turning the protection of intellectual property rights into conscious actions can the majority of textile enterprises and operators remain invincible and achieve long-term development.
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