Discussion And Analysis On The Intellectual Property Issues Related To Copycat Mobile Phone

Since the beginning of21stcentury, with the emergency of Copycat Phenomenaand its rapid development, Copycat issues, such as Copycat Mobile Phone, CopycatSpring Festival Gala, Copycat Stars, Copycat Culture and others, have become hottopics of discussion in leisure time. And Copycat Products have such obviouscharacteristics of the times as simulation, acceleration and popularization, which arealso the main reasons for the rapid development of Copycat industries. Since mobilephones have become a daily and widespread electronic product, mobile phoneindustry is also an industry infested with Copycat Phenomena, and Copycat MobilePhone is thus the most representative Copycat Product.Copycat Mobile Phone, with imitation as dominance and strong grass-root andcivilian nature, has lower operating costs than those of regular industries, and thusgains a certain market, even surpassing the mainstream mobile phone industriesgradually in speed and number. Because of the dominance of imitation and copy inCopycat Mobile Phones, the trademarks, appearance design and other aspects involvecertain legal risks, which may incur violations of intellectual property rights. In thispaper, the possibilities of Copycat Mobile Phone violating trademark right, designpatent right are discussed, proposals concerning the regulation of Copycat MobilePhone market are put forward.Part1summarizes the definitions of Copycat and Copycat Mobile Phone. First,the definitions of Copycat are discussed, and the reasons and background of theemergence of Copycat phenomena are analyzed from the current social conditionsand economic situation in China. The prevalence of Copycat Mobile Phone in modernsociety is discussed from market demands, technical conditions, characteristics of thetimes and other aspects. Copycat Mobile Phone is classified into three categories: onehas its own brand, another has not a brand but is similar to other international ordomestic famous brands, which can cause visual confusion, and the third is mobilewith high-level imitation, i.e. the so-called smuggled goods. Based on thesecategories, it is concluded that Copycat Mobile Phone is characterized by low price, multi-function, a great variety and rapid market response. The impact of CopycatMobile Phone on China mobile phones is also discussed based on relevant socialinvestigation, illustrating the importance of intellectual property protection forChinese mobile phone industry.Part2concerns the analysis of intellectual property issues of Copycat MobilePhone. First, intellectual property issues related to Copycat Mobile Phone arediscussed. Copycat Mobile Phone recombines different techniques, but thetechnology of such a mobile phone itself is not granted a patent or a cross-licensepatent. The majority of Copycat Products are suspected of counterfeit or misleadingpropaganda, which are severe violations of the laws and regulations. It is argued thatthe rapid expansion of Copycat Mobile Phone is contributed to recognition of itspopularization by common people, and thus covers the technical infringements. Thisview is a self-deception, and yet there is no expressed definition in China. CopycatMobile Phone is playing touch ball, and its so-called innovations are just minordetails. There is no real change or breakthrough in its core technology. Therefore,most Copycat Mobile Phones violate relevant intellectual property rights. In this part,the possibility of Copycat Mobile Phone violating trademark right and design patentright is elaborated by analyzing its characteristics, in combination with the legalstructures of trademark right and design patent right. Simple cases are used to analyzethe manifestation of Copycat Mobile Phone in violation of trademark right and designpatent right. In addition, the dilemma existing in the management and control ofCopycat Mobile Phone is analyzed and attributed to the following three reasons.Firstly, the limited officials in regulatory authorities can only conduct randominspection instead of making supervision and management a routine. Secondly, thereare too many Copycat manufacturers to be eliminated. Thirdly, the large coverage andnon-fixed locations of Copycat Mobile Phone render it impossible for regulatoryauthorities to treat it from the very source.Part3discusses the problems and the importance of intellectual propertyprotection of mobile phone industry in China from the perspectives of legislation,justice and market management. Methods to regulate Copycat Mobile Phone marketare put forward from the above three aspects. Meanwhile an inspiration for the survival and development of modern enterprises is obtained from the Copycat MobilePhone market, that is to strengthen services, improve the Integration of competitiveresources of the enterprise, build a brand, control costs and have brand personalizedservices.There are still defects in this thesis, and it is hoped that future research can beenlightened, making the issues of Copycat phenomena in constant researches, theCopycat Industry and other industries interact with others and develop mutually, andguide Copycat Industry to the normal development track so as to facilitate thestandardization of market and contribute to economic society.