Did not get the official authorization of the brands, and attempt to muddle it shop cheap sale luxury real root of the wood, a river without water, unsustainable on the grounds do not sell fakes. Sound legal system, market economy, the economy of walking a fine line is impossible to thrive, while there are “luxury discount shop” the intention of the United States IPO. In China, already enjoy top international luxury brands have immense commercial dividend “,” the side of the couch How can we allow others to sleep “? Electricity supplier “hope” and end up with the official authorization of the luxury brands is fantastic. Electric providers want to get rid of the trap of the price war, to the sale of luxury high-end development, but the path is wrong.
Jingdong, Dangdang and other well-known domestic electricity supplier sites have been offering low discount luxury online shopping business, not only to sell “authentic” itself, and the price is very attractive. Recently, the Swarovski Shanghai company is directed at the e-commerce site, “smoldering” has long been a luxury brands and domestic electricity supplier platform disputes on this upgrade. This reporter interviewed industry experts, they believe, the power they jump out from the price war, selling luxury goods want to go the high road, but the sword easy road, playing a risky game, the result of “lawlessness” after all will be playing with fire.
Brand to launch an attack power to Qi sophistry
In early March, Swarovski openly told the media that “So far the company has not authorized in the Chinese region of any websites selling Swarovski products, and said:” online infringement or illegal sales of Swarovski Swarovski behavior, will consider taking appropriate legal action “. At the same time, a number of other luxury brands accused of domestic e-commerce website goods channels. The strange thing is, several large electricity provider’s position at this time, or luck, a look of innocent; or emphatic, overreaching.
Dangdang Kuok, director of brand public relations, told the media that, although the purchase and did not get official authorization from the two dealers, Dangdang will strictly examine the purchase of two dealers channels and procedures to protect the genuineness and quality of the goods . Do exist for brands, and now the problem is that if the development of online distribution channels, how to avoid the distribution channel the interests and his line, in fact, we are specifically authorized by the hope that the sales of brands, and We can also fully comply with the brands of channel pricing policy. “
Jingdong also insist that their sales of luxury genuine, and can provide “perfect” after-sales service. March 11, Jingdong Mall relevant person in charge responded by saying: “Jingdong Mall sites and its 360top website sales of luxury goods from formal channels; suppliers and brands to meet the legal qualifications, completion of the formalities of goods and with formal commercial invoice of the law of the People’s Republic of China. Jingdong Mall and related suppliers of these goods within the limits prescribed by law for after-sales service. “
In fact, the first network to sell luxury “fire” is a Tissot watch. The brand last year, on Dangdang Father’s Day “promotion Tissot watches accusations, claiming that the” Tissot has not authorized any online shopping mall selling Tissot watch. Dangdang CEO Li Guoqing immediate rebuttal, said: “I did not get authorization to sell the real thing.”
Electricity suppliers who are committed copyright infringement?
Did not get the luxury of a big authorize started selling the product, this is not an offense? In this regard, the majority of the domestic legal profession that the electricity supplier infringement facts beyond a reasonable doubt.
Gong Wenxiang, southern China well-known e-commerce expert, told the media that the B2C (business-to-customer model) e-commerce channel sales of luxury goods are basically the real thing, only channels. However, e-commerce site in violation of the luxury business channels policy, if the enterprise is to prosecute, the site would have a shelf products. “If the luxury goods companies are out to the prosecution of e-commerce website, that the industry will be a fatal blow.”
However, it seems the occupation of the network of legal Counsel Zhao, Swarovski and Jingdong Mall disputes wrong not Jingdong Mall e-commerce platform, but the contradiction between the brand and its agents. He said Jingdong, Dangdang, Lynx, e-commerce platform just selling unauthorized goods, the product itself is not a counterfeit product, then, does not belong to the trademark infringement; and sales of goods, if there is no copyright infringement (using the brand ad copy and pictures), the brand is no legal basis to investigate the responsibility of e-commerce businesses.
But the legal advisor of the China Consumers’ Association Qiu Baochang that electricity suppliers infringement obvious. He said the brand’s sales license is the geographical scope of the exclusive license or geographical license to go beyond the scope of infringement is. “For example, the licensee sales in a geographical brand, and you to us to sell through other channels, This area is precisely not been the geographical authorized by the owner. If you know away sales has not been authorized, it to bear the responsibility for copyright infringement; If you do not know, and interests inform you to unlink, shielding does not do you have to bear to expand the joint and several liability. “
Playing the “edge ball” or by “riding a tiger.”
Founder of the first retail network, well-known retail expert the Dingli Guo expressed a similar view in an exclusive interview with this reporter. Dissuasive power are not to do the adventure game “, and” to continue pushing boundaries meaningless.
In his view, the sophist who apparently want to continue to walk the edge of the law, I thought I could live in peace with the brand. It is not. Unauthorized sales is infringement, violation of other’s intellectual property rights is an incontrovertible fact. Armani, Louis Vuitton in China each year to spend huge sums of money to build the brand to maintain the brand image. The key is that these top brands are willing to pay the high legal costs to fight a lawsuit. Be sufficient to cover its costs, will resort to the law, but they are not expect to profit by favor.
He said domestic electricity suppliers selling discount luxury for a long time, belonging to the unspoken rules of the industry, but to break sooner or later. The luxury of electricity to sell, if minor, of small, luxury big they may be “unwilling to Dali; bigger, they must go to rights, once the prosecution had to shut down. Large electricity providers to encroach on the impact magnitude of click to enlarge the luxury feel of their brand is threatened. Luxury in its brand marketing spend huge cost determination for the protection of intellectual property, brand image to maintain an important position. Strict laws of the developed markets in Europe and America, very strict protection of intellectual property, and also the intensity of law enforcement and legal punishment, network operators are generally not the utmost limit of the more legal.
The Dingli Guo analysis, the greater the electrical are done, the greater the risk, eventually riding a tiger, shut down or continue to do can be described as a dilemma. Small electric provider transition may be easy, large electric provider may ultimately pay a heavy price. By then, if the power to obtain the authorization of the luxury brands, not only required to deliver a lot of money in licensing fees, profit commission, and the export prices of the system is fully controlled by the other, most of the benefits to flow to the hands of the brand.
The Jingdong electricity suppliers who sell general merchandise due to the homogenization of many suppliers, so it is living in a strong position, can be “arbitrary”. But luxury is not the same, active and strong position is occupied by the other party. Like Louis Vuitton, the Chinese market has long been “spoiled”, used to enjoy all kinds of “business bonus” – around the commercial real estate in hot pursuit at all costs to recruit settled, and even subsidize the renovation, Free door rental. Line when the sale of school prosperous, online discount sales impact is clearly inherent in the interests of the channel, of course, the impact of the luxury high-end image. “Even the luxury brands into the network marketing channel will own surgeon control of the online channel will not be easily authorized. For example, Louis Vuitton, announced its official online shop is the only network marketing channels.” Dingli Guo pointed out.
Develop its own brand is the right path
Dingli Guo believes that domestic electricity traders are quick success, the lack of long-term development vision. Getting goods from luxury two three channel providers with cash, a single to make a single “earned just petty. Electricity supplier by virtue only of the price war, there is no control over the power of the market selling brands, the lack of its own brand, it is difficult to say there will be a lasting development of the core competitiveness.
For example, some luxury discount site initially sold big, but because of the limited supply channels, slowly turned to Europe and the United States second and third tier luxury brand. The only product network preparation IPO, Jingdong have “trouble”, it is estimated that the listing of the road will be frustrated.
He said the Chinese retail enterprises, in particular, is the market leader must go this way, no way: the acquisition of controlling the European luxury brands, to build its own high-end brands, “ism”, the joint venture, which from scratch to create a The new brand is easy, the total investment is more cost-effective. In this way, not only brand control in their own hands, the sense of the word in their own sales channels, others would not touch, but also to improve gross margins, to achieve lasting economic benefits.
At present, the European market is about 500 luxury brands for sale, now can be described as golden. In the last couple of years, as opportunities in Utah. Currently, the U.S. economy has showed signs of recovery, although Europe is still deep in debt crisis, but perhaps a few years will be out of the quagmire. To the window of opportunity will be heavily shut.
“If China’s retailers will now proceed to ‘bring’ some of the brand into China, then five years later, the situation is perhaps on a new, high-end luxury market in China is no longer a Louis Vuitton, Hermes and other American and European brands dominate the the world. “
At present, the domestic “main force” (large enterprises and investment institutions) do not realize that the acquisition of the European high-end brand, “brought” the importance of the country. The Government has not a thorough understanding of strategic importance to the development of local high-end brand, is still wrestled with whether to reduce the tariff, or general proposed the development of national brands, but did not find a really good path.
Another one is unwilling to disclose the names of the experts told reporters that the whole society has not yet formed attaches great importance to the protection of intellectual property rights, and focus on developing a culture of creative industries, which reflects the thinking of the lag of social subjects. In China, the concept of intellectual property must change, otherwise the economic transformation goals difficult to achieve. Promote the protection of intellectual property rights atmosphere in the whole society should encourage innovation, creativity and encouraged to build its own brand, otherwise copied, relying on price competition, economic development difficult.
The Dingli Guo last advice to China’s retail industry must not be a dead end, there is no brand of goods by simply relying on the scale of the sales and distribution channels to win is difficult to have a glorious future. Of course, it is very difficult to build its own brand road. Re to shape a brand takes the cost and time cost, but the long term is worth it.
