Has Apple's mobile phone case been found to be fake and shoddy these days? Infringement of intellectual property rights? Is Apple really doing a lot of research recently?

On March 3 1, Pinduoduo held a press conference at the Shanghai headquarters. Huang Zheng, founder, chairman and CEO of Pinduoduo, said in response to the problem of "counterfeit goods flooding" that Pinduoduo has always been particularly serious about counterfeiting, but today, in fact, the problem of counterfeit goods has been mixed with the problem of counterfeit goods, and public opinion has further turned all commercial problems into fakes. The number of fakes that Pinduoduo can define is definitely less than the media imagined.

The shanzhai is not fake! Pinduoduo's response of "selling fake goods" caused more questions. So, are the fake products fake? What's the difference between fake products and fake products?

According to Chen Qinqin, the procurator of Yueqing City Procuratorate in Zhejiang Province, the so-called shanzhai means that the outer packaging and main functions of the products are the same as or basically the same as those of well-known big brands, but the registered trademarks are different, such as "six walnuts" changed to "big walnuts" and "tide" changed to "net".

Guo Dezhong, deputy dean of the School of Law of Beijing Institute of Technology and executive director of the Beijing Intellectual Property Law Research Association, introduced the definition of "fake goods" to reporters in detail. "The so-called fakes in daily life can be understood from two aspects." He explained that referring to the provisions of Article 140 of the Criminal Law on the crime of producing and selling fake and inferior products and the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Producing and Selling Fake and Inferior Commodities, fake and inferior products mainly include the situation that the product quality does not meet the quality requirements stipulated by the national laws, and the product quality standards are specified or clearly stated, which reduces or loses its due use performance, so as to pretend to have certain use performance. Second, from the perspective of intellectual property rights, counterfeit goods can be interpreted as goods with counterfeit registered trademarks, counterfeit patented products, especially products with counterfeit design patents. "Shanzhai and fake goods can cross, that is, some shanzhai goods infringe on the registered trademark rights of others or counterfeit patents at the same time, or some shanzhai goods are unqualified in quality and performance."

"At present, there is no clear definition of fakes and shanzhai in China law, and the moral debate about' shanzhai is not a fake' or' shanzhai is a fake' is meaningless." Yang Jing, a professor at Yunnan University of Finance and Economics, believes that "more attention should be paid to whether the goods involved infringe on the legitimate rights of others represented by intellectual property rights."

Counterfeit goods may infringe registered trademark rights and patent rights.