(1) What are counterfeit and shoddy goods? "Fake and shoddy goods" refer to goods that contain one or more unauthentic factors that can lead to misunderstanding by the general public. Counterfeit goods can be divided into two types: counterfeit goods and inferior goods. Counterfeit goods are fake and shoddy material products, excluding spiritual products. Its characteristics are: it has unrealistic factors and social harm. 1. Counterfeit goods: When manufacturing goods, they realistically imitate the appearance of other people's products, or copy and sell products protected by intellectual property rights without authorization, thereby passing off as other people's products. In the current market, the main manifestations are counterfeiting and counterfeiting other people's trademarks and logos; counterfeiting other people's unique names, packaging, decoration, factory names and addresses; counterfeiting products with high-quality product quality certification marks and production license marks. 2. Counterfeit goods: refers to goods produced and distributed that violate the provisions of my country's current laws and administrative regulations, and whose quality and performance indicators do not meet the requirements stipulated in my country's published national standards, industry standards and local standards, or even It is a product produced without a standard. The difference and connection between counterfeit goods and shoddy goods Counterfeit goods and shoddy goods are both different and related to each other. They are the same type of goods that can be transformed into each other or include each other. Counterfeit goods, as mentioned above, are products that imitate the appearance of a product so realistically that it causes users and consumers to mistakenly believe that the product is genuine. Producers and sellers of counterfeit goods reproduce and sell goods protected by intellectual property rights without authorization, permission (or recognition). Copying generally refers to the copying of trademarks, packaging, labels or other important features of goods. The so-called counterfeiting refers to the behavior of actors who violate national laws and regulations and use the false name of famous brands or celebrities to produce and sell their products (commodities), thereby harming users and consumers. Therefore, in a broad sense, the content of counterfeit goods does not match the name, and it is also a type of counterfeit goods. But from a narrow perspective, counterfeit goods mainly refer to poor quality or loss of use value, which is also different from counterfeit goods. Counterfeiting of place of origin, factory name or certification mark, famous quality mark, or registered trademark of others, as mentioned above, is a counterfeit product and not a shoddy product. Counterfeit goods are sometimes sold as other brand-name goods, in which case they are both counterfeit and counterfeit goods. There is a strict distinction between counterfeit and inferior goods and genuine goods. Authentic products refer to products that meet quality standards and can sometimes be divided into first-class products, second-class products, third-class products, etc. On the contrary, products that do not meet quality standards, have obvious appearance defects or defective products that affect their use value, and scrap products that do not meet technical standards and cannot be used normally, etc., are considered shoddy goods if sold. Counterfeit and shoddy goods are not "commodities". Although some of them have use value, they cannot be regarded as commodities because they cannot be traded normally like ordinary goods, or they do not contain socially necessary labor. Even if they contain a small amount of labor, they are not Socially necessary labor in the general sense is labor expended for unequal transactions in order to obtain illegitimate benefits. It may even be a kind of labor that causes harm, so it cannot be recognized by society (even if the transaction occurs, it is because of the purchase If the person does not know the truth, consumers will not buy fake products) and they are worthless. Of course, something without value is not a commodity. What we are talking about here is fake and shoddy products, excluding defective products. Counterfeit and shoddy goods Counterfeit products refer to the use of untrue factory names, factory addresses, trademarks, product names, product logos, etc., thereby causing customers and consumers to mistakenly believe that the product is a counterfeit product. Counterfeit products refer to products that are of poor quality or have lost their usability. Counterfeit and shoddy products mainly include the following situations: (1) Forging or using quality marks and license marks such as certification marks, famous brand product marks, inspection exemption marks, etc.; (2) Forging or using false origins; (3) Forging or impersonating other people’s factory names and addresses; (4) Counterfeiting other people’s registered trademarks; (5) Doping or adulterating, passing off fakes as genuine or inferior ones; (6) Invalid or deteriorating; (7) ) There are unreasonable risks endangering human health and personal and property safety; (8) The indicated indicators are inconsistent with the actual situation; (9) Production and sales are expressly prohibited by relevant national laws and regulations.
The General Administration of Quality Supervision, Inspection and Quarantine also stipulates that those who distribute the following products without correction after being pointed out will be deemed to be distributing counterfeit and shoddy goods: (1) Without inspection certificates or without sales permission certificates from relevant units; (2) Domestic products are not marked with Chinese characters. Name, producer and place of origin (important industrial products do not indicate the factory address); (3) Use for a limited time without indicating the expiration date; (4) Implementing production (manufacturing) license management without indicating the license number and validity period; ( 5) Specifications, grades, main technical indicators or ingredients, contents, etc. are marked in Chinese in accordance with relevant regulations but are not marked; (6) High-end durable consumer goods without Chinese instructions for use (7) Disposed goods (including defective products and substandard products) ) without marking the word "processed product" on a prominent part of the product or package (8) highly toxic, flammable, explosive and other dangerous goods without marking relevant labels and instructions for use. (2) Characteristics of counterfeit and shoddy products 1. Counterfeits and shoddy products go hand in hand. In the eyes of the Chinese people, counterfeit products are shoddy products. In fact, this situation does not exist in all countries. In some developed countries, general production technology is relatively popular, and equipment and technology are easily available. Therefore, the quality gap between counterfeit products and genuine products is not very big. The profits of counterfeiters mainly come from the misappropriation of trademarks and goodwill of genuine products. In most developing countries, due to the low overall production technology level, counterfeiters use inferior products to pass off as genuine products in order to obtain higher profits. There are often many cases of consumer harm caused by counterfeit products. Looking back at the history of counterfeiting in our country, we can find that in the late 1980s and early 1990s, most of the counterfeit and shoddy products investigated were of extremely low quality, or even completely fake. In recent years, with the improvement of social production technology, the quality of counterfeit products has also improved, and there have even been a large number of counterfeit products that are of equal quality to genuine products. This is actually the changing effect of production technology development on counterfeit products. Despite this, most of the current counterfeit products are shoddy products produced by small, workshop-style factories with low technical levels, and this situation will continue for quite some time. Counterfeit and shoddy goods can often be identified by their trademarks. The trademarks of counterfeit and shoddy goods are generally different from the genuine ones, so we can usually tell by comparing the trademarks. And counterfeit goods are mainly for profit, so the quality and workmanship are often very different from genuine goods.