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Between regular food and Sanwu food, there is such a gray area, and there is another type of packaged food with unique "characteristics"
A recent research report released by a research institute shows that "copycat food" is widely circulated in urban and rural areas and in the mountains and villages.
"Counterfeit food" is not ambiguous in terms of infringement and illegality
Consumers' weakness and lack of discernment are the reasons for the large-scale circulation of "copycat food", but this "victim is at fault" should not be the reason for the existence of "copycat food"
Some commentators pointed out that "copycat food" is not harmful food
These are mostly judged from the perspective of "fake and inferior products"
A more representative case is that on May 10, 2021, the Shanghai Intellectual Property Court found in the second instance that the decoration of Shanghai Yazi Food Co.
Of course, there are also individual "copycat foods" that are close to famous brands and have been accused in court, but they have not been (or have not yet) been identified as infringement
The crackdown on "copycat food" needs to be strengthened
From the perspective of legislation and policy, there is no blank area to crack down on "copycat food", let alone the problem of "unable to rely on"
Three years ago, the State Administration for Market Regulation specially issued the "Work Plan for Governing Counterfeit and Shoddy Key Areas (2019-2021)", and in Article 2(3) of the "Plan", it was specifically deployed to vigorously strengthen the governance of "copycat food"
However, the existence of "copycat food" infringes upon the rights and interests of consumers and disrupts the market order, which undoubtedly exposes some weak areas in the relevant governance links
The "copycat food" was first produced.
Of course, safe food is produced and managed by various parties
In short, only by truly reversing the risk-to-profit ratio of "copycat food" and allowing illegal "copycat food" producers to face the penalty of bankruptcy at any time, can the soil for this stubborn disease be truly eradicated
The ultimate purpose of giving necessary punishment to offenders is to form a social consensus on the protection of intellectual property rights
