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发表于 2016-7-11 11:11:38
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Eighty-four percent of counterfeit goods seized by the U.S. Customs and
Border Protection in 2012 came from China or Hong Kong. Louis Feuchtbaum, a
lawyer who helps brands fight fakes, refers to China as the "wild west for
manufacturing counterfeit products." He describes a government that fails to
consistently deter counterfeits and enforce intellectual property rights.
随着技术的推陈出新,许多之前的型号也渐渐过时,那么各大品牌是否还有必要花时间打击已经过时的山寨产品?对于这个问题,费欧彻鲍姆认为:“这个问题并不因为出了一款新产品就不存在了。”首先,山寨厂商的动作也很快。最近他的一个客户打算推出一款新产品,但正品尚未推出,山寨货就已经上市了。另外许多公司在销售新品的同时,也会继续折价销售老款产品。因此,费欧彻鲍姆说:“山寨给各大品牌带来的损害一直存在。”他还表示,山寨产品还可能使消费者面临潜在危险,比如电池爆炸或其它原因引起的火灾都是常见风险。
With new innovations rendering previous models obsolete, should brands
spend their time fighting outdated counterfeits? "The problem doesn't go away
merely because there's a new product," says Feuchtbaum. For one thing,
counterfeiters act fast. One of his clients recently had a product counterfeited
before it even went onto the market. Older products also often remain in the
supply chain as companies continue to sell different versions, with the older
model at a discount. "Then there's the everlasting damage done to brands by
counterfeits," he says, adding that fakes also put consumers in physical danger.
He cites exploding batteries and other fire hazards as common risks.
虽然数码产品的山寨市场规模很庞大,但还是比不上进入美国的山寨服饰。在2012年美国查获的所有山寨商品中,服饰所占的比重达到29%,电子产品只占15%。福德汉姆大学(Fordham
University)时尚法律与知识产权教授苏珊•斯卡菲迪指出,山寨服饰的比重之所以超过山寨数码产品,原因很简单:“仿造一款手机需要的技术仍然比仿造一个手提包复杂。”
Despite the scale of the problem, there still seem to be fewer fake
electronics than fake clothes and accessories reaching the U.S. Apparel and
handbags represented 29% of all items seized in 2012 while 15% were electronics.
Susan Scafidi, a professor in fashion law and intellectual property at Fordham
University, says that the quantity of seized fashion goods still outstrips
electronics for a simple reason: "It still takes more skill to craft a cellphone
than to craft a handbag," says Scafidi.
有的山寨产品是在合法工厂里生产的,他们用“三班倒”的模式大量生产,然后等到合法产品生产完之后,就趁没人的时候把山寨产品从后门运走。也有些山寨产品纯粹是在与原产品没有任何关系的地下工厂里生产的。而且如今的消费者也越来越好骗了,其中一个原因就是互联网更容易使这些产品看起来像合法产品,而不是地摊货。另一个原因就是山寨产品的确很难分辨。
Knock-offs tend to be made in either a registered factory that makes them
on the "third shift" after the legitimate product is made, shipping the
counterfeits out the back door when no one is looking. Or then there's the
purely clandestine factory that has no relation to the original product.
Customers these days are also more easily duped, partly because the Internet
gives items legitimacy more easily than a sale on a street corner would, and
partly because they're harder to detect.
斯卡菲迪说:“服装公司和数码产品企业要采取的措施差不多。”她提到了商标的重要性,同时表示在向工厂下单的时候一定要非常小心,另外还要教会海关人员如何识别山寨货。
"The measures that an apparel company has to take and an electronics
company has to take are very similar," says Scafidi. She mentions the importance
of trademarks, being careful when drawing up agreements with factories, and
educating customs officials to spot fakes.
虽然各大品牌和政府机构为打击山寨使尽了浑身解数,但是消灭山寨就像要杀死一条九头蛇一样困难。奥克利眼镜公司(Oakley)品牌保护副总裁艾德里安•庞得森表示,服装饰品行业的第一道防线就是从源头上打击山寨厂商。他认为一旦山寨产品进入“商业流”,要打击它就要多花100倍的时间。他表示,去年奥克利公司和中国政府基本上每天都要突袭一家山寨工厂,但是现在无论在哪个大洲,奥克利公司每天照样还会查获大量中国造的山寨眼镜。
Despite the best efforts of brands and officials, catching counterfeits is
like slaying a hydra. Adrian Punderson, Vice President of Oakley Brand
Protection says the apparel and accessories company's first line of defense is
to attack production facilities. He estimates that once fakes get into the
"stream of commerce" it costs approximately 100 times more to stop being sold.
Yet Punderson says that during 2012, Oakley and Chinese officials raided a
clandestine factory almost every other day. Despite that, the company is still
making large seizures of counterfeit sunglasses from China, in locations on
every continent.
庞得森说:“他们的运作方式跟贩毒网络差不多。”厂商会把产品的生产分散到好几个工厂,所以如果其中一家被抓了,其他工厂仍然平安无事。一旦产品生产好了,就会立即出货。同时庞得森认为,贸易批发商们也愿意承担储存和运输这些货物的风险,所以他们也会获得不菲的收益。
"They operate pretty much like you would see in a narcotics network," says
Punderson. He says that manufacturers spread production between several
factories, so if one gets raided the rest of the stash will still be intact.
Once the goods are ready, they're immediately moved out. According to him,
wholesalers are now the ones willing to take the risk of storing goods and
moving them around, so they also have a larger share of the reward and the
power.
山寨产品的运输网络已经扩展到了全世界。庞德森表示,奥克利公司的调查人员曾经在墨西哥南部城市阿卡普尔科见过10到15个山寨奥克利眼镜。他们顺藤摸瓜,追查到了巴拿马的一家委内瑞拉籍和一家哥伦比亚籍的借壳公司,这些借壳公司最远会把货运到墨西哥和委内瑞拉。
The network itself stretches across the world. Punderson describes how an
Oakley investigator saw 10-15 pairs of counterfeit sunglasses in Acapulco,
Mexico. They traced them back to a Venezuelan and a Columbian front company in
Panama, which were shipping goods as far as Mexico and Venezuela.
庞德森还指出,要想打击仿冒Beats耳机和奥克利眼镜的山寨产品还需要不菲的人力成本。他说:“世界上任何一个政府都不可能允许一家合法工厂那样运营,也不会允许工人在那样的条件下工作——那真是非常可怕。”
As always, there's a human cost to getting fake Beats headphones and Oakley
Sunglasses at rock bottom prices. Says Punderson, "There's no way that any
government in the world would allow a legitimate factory to operate that way --
in the conditions these people work in -- it's pretty frightening."
(兼职编辑:段保净) |
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