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在线翻译:
szdaily -> Opinion -> 
Legislation needed to protect famed products
    2018-07-30  08:53    Shenzhen Daily

Wu Guangqiang

jw368@163.com

THE swift ups and downs of a famous product has drawn public attention to a long-standing question: how do we protect renowned products?

The product that went viral, becoming a hot cake, and then was soon knocked out of the market is none other than the handcrafted iron wok produced in Zhangqiu District in Jinan, Shandong Province.

The cast iron wok shot to fame nationwide in February this year after it appeared in “A Bite of China Season 3,” a popular TV documentary featuring a variety of local delicacies across China.

When introducing Shandong cuisine, one of China’s eight major cuisines, the documentary describes in detail the features of the wok and the process of its production.

Zhangqiu’s wok-making dates back to Han Dynasty (202 B.C.-A.D. 220) and today’s craftsmen are still forging the wok in the same way that their ancestors did 2,000 years ago. An iron plate must go through 12 steps in the process, including seven hot forgings and five cold forgings, before being hammered 36,000 times. Only then is the final product complete.

The wok is a must-have for Chinese cooks as it features convenient and safe use, heat transmission and durability. The size, shape and weight are a flawless combination for preparing Chinese foods.

The show resulted in a torrential influx of orders for the wok. One of the wok makers, Liu Zimu, 40, who runs the wok factory that appeared in the documentary, said that only 10 minutes after the first episode was broadcast, his factory sold its complete stock of nearly 2,000 pans.

On the Tmall online marketplace, sales of Zhangqiu woks have increased 6,000 times since the broadcast. The overwhelming demand caused Liu to close his online store on Feb. 23.

“It’s hard work to produce an iron wok,” he said. A total of 18 levels of heat are used under strict quality controls, while the craftsmen must withstand high temperatures and lift heavy hammers weighing at least 7.5 kilograms.

Unfortunately, like with many other cases, no sooner had the Zhangqiu wok became famous than counterfeit products were cranked out.

As none of the wok makers in Zhangqiu possess a trademark for Zhangqiu woks or any other form of brand certification, anyone can sell their products under the name of Zhangqiu, which naturally causes chaos in the market.

As a result, many producers who claim to handcraft their woks have been found cheating, actually manufacturing their products by machine.

When hundreds of brands under the name of Zhangqiu compete selling their parodies online, the result is predictable: the decline and even demise of the original, authentic product. This has been the case with thousands of other famous Chinese products.

The lack of legal protection has been threatening the existence, growth and prosperity of famous Chinese products.

Compared to other advanced countries, China is lagging far behind in the protection of its famous trademarks and brands.

Currently, the Anti-Unfair Competition Law is the chief legislation related to the protection of famous products and brands. But there are only a few general articles on the definition of “activities of unfair competition,” including “to feign the others’ registered trademarks” and “to use the specific name, packaging, and/or decoration of famous or noted commodities, or use a similar name, packaging, and/or decoration of famous or noted commodities, which may confuse consumers distinguishing the commodities from the famous or noted commodities.”

Apparently, the existing legislation is far from sufficient to effectively protect well-known products, especially those that have not registered for trademarks.

Much more needs to be done to clarify and specify such legal concepts as the certification of well-known products, particularly unregistered products and the infringement of the legal rights of the well-known products.

In the case of the Zhangqiu wok, as there is no clear-cut legal guideline for what to do to identify which is a representative of the well-known product, necessary protection is out of the question.

Leaving well-known products to wanton counterfeiting is a crime! Immediate legislation in this regard is necessary.

(The author is an English tutor and freelance writer.)

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Shenzhen Daily E-mail:szdaily@szszd.com.cn