It may be a little long, but please be patient for the sake of health. ...
Imitation shows on TV have recently become popular in the pharmaceutical industry. The two drugs placed in the counter of the drugstore-Yangshengtang natural vitamin E capsule and Guinness natural vitamin E capsule, look almost the same, but they are produced by different companies, and the price difference is nearly double. Is the striking similarity of the outer packaging "if there is any similarity, it is purely coincidental", or is it that one of the manufacturers intends to imitate it?
If there are twins.
On June 6th, according to the clues provided by readers, the reporter went to Beijing Tengchisheng Pharmaceutical Fair-price Pharmacy next to Sitong Bridge and saw several bottles of natural vitamin E capsules on the shelves on both sides of the door. The reporter thought it was the same vitamin E capsule at first glance.
But after careful observation, I found two kinds of vitamin E-Yangshengtang vitamin E and Guinness vitamin E.
The reporter compared Guinness Vitamin E and Yangshengtang Vitamin E, and found that their designs were "copied from the same mold", so it was difficult to tell them apart without careful observation. Both packages are yellow-green-blue, and the inner packages are transparent plastic bottles with yellow capsules, among which the most conspicuous English letter "V" has the same shape. However, if you look carefully, you will find that in the small print under the natural vitamin E on the bottle, one is labeled "Yangshengtang Natural Vitamin E Soft Capsule" and the other is labeled "Guinness Natural Vitamin E Soft Capsule". The brand logo in the upper right corner of the box are different, one is "Yangshengtang" and the other is "Guinness", which is also marked with the word "TM".
advertising effect
The clerk of Tengchisheng Pharmacy told the reporter that the ingredients and effects of Guinness Vitamin E Capsule and Yangshengtang Vitamin E Capsule are the same, but the prices are different. Guinness natural vitamin E sells well and often sells out of stock.
However, the above statement was not recognized by the manufacturers of both sides, but the reporter compared the price tags of the two, and found that the price of a bottle of Guinness (500mg× 100 capsules) was 36 yuan, while that of Yangshengtang (250mg× 160 capsules) was 69 yuan. The reporter asked why the price gap of the same thing was so big, and the other party said it was because Yangshengtang advertised every day.
The woman surnamed Wu, who is in charge of purchasing goods in Teng Chisheng Pharmaceutical Fair Price Pharmacy, told the reporter that all products are imported by pharmaceutical companies, and the reason why pharmacies enter Guinness Vitamin E is because of its cheap price.
According to the person in charge of a cheap drugstore, the profit of selling "famous brand" drugs such as Yangshengtang vitamin E capsules is generally 3-5%, while the profit of selling Guinness vitamin E capsules can reach 30-50%, or even more than half.
The difference between "nature"
The clerk of Tengchisheng Pharmacy said that the raw materials of these two vitamin E capsules have the same effect. However, the reporter carefully compared Guinness and Yangshengtang and found that the main raw materials marked on the two products are not the same. Yangshengtang clearly marked the raw material as "vitamin E", while Guinness called it "tocopherol, gelatin, glycerin, distilled water and so on as the main raw materials". The reporter questioned why the ingredients in Guinness's raw materials were not marked with vitamin E, and the clerk said that this was because different manufacturers had different views on raw materials. Pointing to Guinness vitamin E, she said, "How can you label a natural vitamin E capsule without vitamin E?"
The reporter learned from experts that the key to judge whether the vitamin E in the product is natural or synthetic is to see whether d-α tocopherol or d-l-α tocopherol is labeled, because d-α tocopherol is natural vitamin E, while d-l-α tocopherol is synthetic vitamin E, and the health care function of synthetic vitamin E is far less than that of natural vitamin E. The reporter carefully checked the Guinness Vitamin E. Although it was labeled as a natural vitamin E capsule, the reporter found that only the raw materials of the product were labeled.
Unintentional plagiarism
On June 7th, the reporter contacted Wang, general manager of Guangzhou Authoritative Health Care Products Co., Ltd., a Guinness manufacturer. She denied that the packaging of Guinness natural vitamin E capsules of her company was similar to that of Yangshengtang natural vitamin E capsules. She said that Yangshengtang's natural vitamin E did not apply for a design patent, and our company's Guinness natural vitamin E was specially designed by the advertising company according to the product, not copied from Yangshengtang. She said that there are about 200 products on the market that are similar to Yangshengtang's natural vitamin E capsules. "In contrast, the similarity between our company's products and Yangshengtang is not high." But the reporter asked her to name the advertising company that designed the packaging for her, and she refused.
She also told reporters that Guinness natural vitamin E was listed at the end of 2006, not the company's flagship product. "Yangshengtang can't bring us much wealth. We don't have to use its packaging, and I can stop selling this product in the market at any time. "
Intentional rights protection
Although Guinness denied that its product packaging copied Yangshengtang, it is true that Yangshengtang natural vitamin E capsules were three years earlier than Guinness. The person in charge of the pharmaceutical marketing department of Yangshengtang told the reporter that Yangshengtang natural vitamin E capsule applied for a design patent in 2003.
The person in charge said that in recent years, Yangshengtang Pharmaceutical often encountered the phenomenon of counterfeit trademarks or packaging. "This phenomenon not only harms the interests of consumers, but also damages the image, reputation and interests of our company. We will certainly defend our rights. " Wang Xiaodong of Yangshengtang's Beijing sales office said that he didn't know that there were other brands in Beijing that packaged vitamin E capsules similar to Yangshengtang. She said that she would collect relevant information and report the matter to the industrial and commercial departments in a timely manner.
Wang Hao, a trademark expert and general manager of Beijing Best Doctor Times Intellectual Property Agency Co., Ltd., told the reporter that Yangshengtang Pharmaceutical applied for a design patent, and other companies imitated Yangshengtang in packaging, which infringed the patent rights of Yangshengtang Company. In addition, according to the second paragraph of Article 5 of China's Anti-Unfair Competition Law, unauthorized use of the unique name, packaging and decoration of well-known goods, or the use of names, packaging and decoration similar to well-known goods, causing confusion with other people's well-known goods, so that buyers mistakenly think that it is the well-known goods, all belong to "unfair competition behavior."
Original reference:/20070613/n250536853.shtml.