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A few days ago, a paper judgement from the Guangdong High Court pushed the Shenzhen furniture industry to the forefront. Shenzhen Hao Xda Furniture Factory was convicted of plagiarizing the furniture of Zhongshan Sihai Furniture Co., Ltd., and was awarded compensation for the economic loss and reasonable expenses of the Zhongshan Furniture Company totaling 125,000 yuan. At the same time, the relevant infringers stopped manufacturing and selling infringing products.
The plagiarism of the furniture industry is not new, but it has been ordered by the court in the form of a judgment. In the furniture industry in Shenzhen, is the plagiarism phenomenon a success? How is the development of original furniture in Shenzhen? What is the difficulty in home design?
Plagiarism and plagiarism "with the same"
The plagiarism of Shenzhen Hao X Dajia Private will start from August 2011. At that time, the staff of the company found a dining chair and sofa furniture product produced by Shenzhen Hao Xda Furniture Factory and sold by the merchant in a furniture store in Lecong Town, Shunde District, Foshan City. Almost exactly the same. In the face of the "cottage", Sihai Furniture decided to take up legal weapons and filed a lawsuit in the Intermediate People's Court of Foshan City.
The Foshan Intermediate People's Court held that the design patent for the products involved in the case was owned by Sihai Furniture. Although the furniture produced by Shenzhen Hao X Dajia Private was different, it was only the difference between local and minor parts. Without the permission of the patentee, Dajia Private Factory not only manufactures and sells similar products with similar patent designs, but also infringes on the legitimate rights and interests of Sihai Company as the exclusive licensee of the patent in question, and shall bear corresponding civil tort liability according to law.
The final judgment of Foshan Intermediate People's Court, Shenzhen Hao × Dajia Private Factory compensated Sihai Company for a total of 125,000 yuan, and immediately stopped the violation. Although Shenzhen Hao X Dajia Private Factory refused to accept the first-instance judgment and appealed to the Provincial High Court, the Provincial High Court finally rejected the appeal and upheld the original judgment.
The plagiarism of Shenzhen Hao X Dajia Private is not an isolated case. As early as 2008, a furniture company in Shenzhen was sued in court for allegedly copying two designs of Zhejiang Gujia Craft Sofa Co., Ltd.
In another case that was heard in the Shenzhen Intermediate People's Court in January this year, Shenzhen Dynasty Furniture Co., Ltd. was sued by the latter for the same name as the Hong Kong Dynasty furniture listed company, claiming 2 million yuan.
There are countless such cases. In the furniture industry, not only Shenzhen enterprises have copied foreign companies, but also the plagiarism of many foreign companies has made Shenzhen local enterprises overwhelmed.
Shenzhen Dafuhao Industrial Development Co., Ltd., the producer of Fuzhidao Furniture, sued a furniture manufacturing company in Hebei last year because eight of its products were suspected of being “cloned†by the Hebei Furniture Company. Finally, under the auspices of the Intellectual Property Office of Shijiazhuang City, Hebei Province, the two companies successfully reached a mediation agreement.
Since 1994, in Guangdong, Sichuan, Chongqing, Zhejiang, Tianjin, Liaoning and other places, Dafuhao has found a number of "cloning" products for sale. In Shenzhen, Dongguan, Shunde and other places, there were seven or eight infringers. In recent years, the “cloning†has been very popular, and infringing manufacturers have appeared in nearly 20 provinces and cities in the north and south of the Yangtze River.
Plagiarism is more than expected to overtake
In the face of "cottage", how can we move out of the predicament? How does the Shenzhen home furnishing industry enter a benign development?
Guan Yongkang, executive vice president of Shenzhen Furniture Industry Association, believes that the best way is to support originality. Only more originality can make the furniture industry have vitality and go further. "Fortunately, Shenzhen's original home is the most in various provinces and cities. In addition to Shenzhen, there are a lot of professional home design, there are many home designers coming from Hong Kong, Shenzhen is the design capital, and the most dynamic in the interior design field.
Guan Yongkang said that originality can not only create value, but also as long as the original product itself and the designer's skill are enough, they are not afraid of others' "cottage". "A lot of things are not 'cottage' and can be 'cottage', even if you succeed in 'cottage', There is no market."
In this regard, Wang Jinfeng, president of Shenzhen Golden Phoenix Furniture Group Co., Ltd., deeply agrees. In recent years, the company has not only made free designs for consumers, but also handed over some 3D modules directly to the design company, which is directly reflected by them. After learning about the company's practices, Guan Yongkang also expressed deep doubts: "I have built 3D models for so many years, and then open them in the market, not afraid of being 'cottage' by others?"
Wang Jinfeng has no worries about this. He said that Golden Phoenix has more than ten series of products. "Which other companies can 'cottage'? If you can 'cottage', it is also a big company. Even if you can 'cottage', can you do the same with our products? Can 'cottage' our credibility, our channels, our marketing model?"
“In fact, more and more medium and large enterprises are more and more willing to invest money and energy in research and development, because its brands and channels have become more and more mature. Only those who do not have brands, are still doing early market exploration and trying and Those who think that they are a design-oriented company may be worried about being 'cottage'. These companies do not have the strength and funds to vigorously promote original design." Guan Yongkang said.
Since big brands have the basic capital to invest huge amounts of money and human resources research and development, they are not worried about being “cottagedâ€. Where does the “cottage†enterprise come from?
Guan Yongkang believes that most of the "cottage" products appearing on the market are produced by small enterprises. "These are the positioning problems of enterprises. There are always some companies that want to take shortcuts and hope to overtake the short track."
In Guan Yongkang's view, plagiarism is clearly despised by the entire industry. For example, he said that a group of local home furnishing companies in Shenzhen had gone to Germany to participate in the exhibition, but a certain company had not been carried out, and the entire booth was put on the curtain. "Because it was found that the furniture of the company was plagiarized, plagiarism was shameful." .
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