The silver metal claws slowly down, grabbing the head of the Hello Kitty doll tightly, watching the baby’s claws firmly brought to the hole. With the loose claws, falling, and the sound of music sounded, Li Xiaoyuan’s heart was finally loosened. In a sigh of relief, I quickly leaned over from the shipping port and took away this pink hello kitty that had been grabbed 6 times.
As a senior “doll control”, catching dolls is Li Xiaoyuan’s favorite entertainment activity. The intense and exciting process and the joy of finally harvesting the doll made her want to stop.
“In the past two years, it is obvious that catching dolls has become more and more popular. Many doll machines will be placed in each home video shop. Many self -service doll machines can also be seen in shopping malls and cinemas.” But according to Li Xiaoyuan, the current doll machine on the market can be At least 70 % of the placed pirated products.
“The doll machine cannot be a blind spot for the proliferation of pirated products, and it should be strictly punished.” Li Changan, a professor at the School of Public Management of the University of Public Management of the University of Foreign Economics and Trade, said in an interview with the reporter of the Daily of the rule of law that he has always discussed the legality of the operation of the entertainment equipment There are many, but it does pay less attention to the problems of pirated products. Under the situation of continuously strengthening intellectual property protection in my country, zero tolerance should be implemented in response to the act of infringing genuine property rights.
“True and false mix” into the hidden rules of the doll machine industry
Recently, the reporter came to a large video game city in Xicheng District, Beijing. Dozens of doll machines were full of attention. From the perspective of many doll storage bags on the back of the human body, they harvested a lot.
For Chen Tuo, who has been operating a video game city for many years, he is more concerned about the “color” of the products in this shop doll machine.
“The easiest way is to see if these dolls have a ‘birth certificate’.” Chen Tuo pointed to a Batman doll piled up in a doll machine in front of him and introduced to reporters that although this doll is good in workmanship, one is a good workmanship, but one It is “a glance”, because there is no sign on the body, and the genuine doll will definitely have labels.
The reporter found that more than 30 % of the dozens of doll machines in the store did not have a “birth certificate”. Large dolls placed in non -direct game consoles such as “stacking turtles” and “shoot 7” are “the whole army Cover.
According to Chen Tuo, “true and false mixing” is the conventional operation of the current video game city. Compared with the doll machines in previous years, almost all the doll machines are clear fakes. Now there are certain “progress”.
In response to the question of whether the doll in the doll machine is a genuine product, the reporter asked the staff of the video game city. A director named Zhang admitted that most of the products in the store are genuine, but after all, the price of game coins in the store is not high. Two coins and big dolls are only once every 3 coins.
Li Xiaoyuan also said that the current video game shop that mainly owns his own IP genuine dolls on the market, the cost of catching the doll once is about 9 yuan, and it will be relatively low Dolls do mean players to spend more prices to capture.
Therefore, for some players who enjoy the capture process, they do not care whether the doll they caught is genuine, and the price and difficulty grasp the price are the factors that are considered.
This gives some merchants more “confidence”. In a doll machine shop in Chaoyang District, Beijing, the owner “bluntly” stated that the blind boxes in the doll machine in the shop in the shop are “no standard”, only there is only no standard “, only there are only no standards, only there are no standards, only there are no standards, only there are no standards, only there are no standards, only there are no standards, only there are no standards, only there are no standards, only there are no standards, and only there are only no standards. The player uses the lottery in the store to exchange for a blind box with genuine logo.
On a second -hand e -commerce platform, the reporter found a shop for wholesale dolls. The store said that its dolls are “no”, suitable for putting in the doll machine. After entering the machine, each of these dolls worth only a few dollars can create profits higher than ten times or even tens of times higher than their own value.
Doll machine placed fake goods suspected infringement
In order to obtain high profits, placing fake dolls has almost become a recognized hidden rules in the circle, but Li Changan said that the behavior of merchants has suspected of infringing the intellectual property of the copyright party. For example, many dolls such as Mickey and Donald Ducks such as Mickey and Donald Ducks are currently available, but these dolls have not been authorized by the copyright owner and belong to pirated products that violate intellectual property rights. Once investigated and dealt with responsibility.
Some businesses seem to be concerned about copyright issues. They will marked the words “genuine” and “genuine authorization” on the doll machine, but this may be another “trap”.
Li Xiaoyuan once grabbed two “Star Delu” with Disney’s logo in the store marked with “genuine”, but compared with the genuine “Star Delu” purchased in Disneyland, he could find that the sign and workmanship were in the signboard and workmanship. There are many differences in details, which are high imitation products.
Such behaviors still appear in more popular lipstick machines. In order to attract more players, some merchants began to place some well -known big -name lipsticks and perfumes in the doll machine. Although the cost of grasping is expensive, the “big name” effect still attracts a large number of players to try.
But this “big name” is not the other “big name”. Earlier, the Dongcheng Branch of the Beijing Municipal Bureau of Industry and Commerce had received reports from consumers that 14 lipsticks with the “Chanel” logo in a gaming city in Beijing were found in a doll machine in Beijing. There are also a lot of lipstick packaging, which are finally identified as fake products.
“Merchant’s behavior of placing high imitation brand products violates the provisions of Article 57 of the Trademark Law. It is a product that violates the special rights of registered trademarks and violates the exclusive right of registered trademarks.” There is no essential difference between high imitation products for consumers to capture and sell counterfeit goods directly. Trademark law stipulates that the sales know that the goods that are counterfeit registered trademarks constitute a crime. In addition to compensation for the losses of the infringer, they will also investigate criminal liability according to law Essence
According to Liu Junhai, a professor at the School of Law of Renmin University of China, the actual behavior of merchants with false charges also violates the consumer rights protection law, has the behavior of fraud, and suspected of infringing on the legal rights and interests of consumers’ knowledge and fair transaction rights.
“Pseudo -sale through the doll machine has now become a new type of trademark infringement. The infringement is hidden. It is generally difficult to find if it is not market monitoring or consumer report.” According to the staff, most of these infringements are large -scale shopping malls with high video game cities or high commercial reputation, and consumers often trust the products it provide. In addition, even if consumers find fakes or flaws, they rarely actively complain or report to the market regulatory authorities. Therefore, the current supervision of such behaviors is indeed difficult, and the illegal cost of merchants is much lower than the income.
In Li Changan’s view, the problem of fake goods in the governance of doll machines needs to form a joint force. In addition to raising the legal awareness and actively choosing genuine products, the relevant departments also respond to the formation of normal supervision of the doll machine market, forcing merchants Increase penalties and even revoke business licenses. In addition, the regulatory authorities should also find the source of counterfeit products, and curb the flood of fake goods from the source.
“Consumers should also have awareness of rights protection. Although the single consumption of doll machines is low, the total value of obtaining products is not low, and inferior dolls and high imitation cosmetics are greatly harmful to personal health. Consumers should report clues in time. Help relevant departments supervision. “In response to the current status of many video game cities, especially self -service doll machines, most of the self -service doll machines in large shopping malls, Liu Junhai believes that the mall should also be fulfilled. In addition to reviewing the legal business qualifications of the doll machine merchant in time, to the dolls The products in the machine, especially the authentic products under the banner of the genuine product, should also be checked. Otherwise, if there is a problem, if the mall is involved in publicity, it may also bear joint responsibility.
Smoking in a doll machine is suspected of violating the law
In the survey, the reporter noticed that some “inappropriate” products are now put into the doll machine.
Cigarettes placed in the doll machine. Photo by Zhao Chenxi, a reporter from the Rule of Law Daily,
In a retail store in a tobacco and alcohol in Fengtai District, a doll machine with colorful lights is particularly conspicuous, compared with its appearance, the products inside are even more “eye -catching” -dozens of boxes of Chinese smoke are “waiting” and people are being “waiting”. Grab.
The owner told reporters that this doll machine is the second phone he purchased online, mainly to solicit business. The Chinese smoke in the machine is real cigarette. Scan the code for two yuan. Other cigarettes.
During the reporter, a guest tried to catch the smoke and chose to buy it directly after trying it 4 times.
The owner said that the purchase of this doll machine was to allow the buyer to experience the stimulus of “with a small blog”, but Liu Junhai reminded that such behavior has been suspected of illegal.
“The doll machine is a type of automatic vending machine. my country prohibits the use of automatic vending machines to sell tobacco products.” Liu Junhai introduced that Article 51 of the implementation rules for the management measures of tobacco monopoly licenses stipulate Automatic vending machine or other automatic sales forms, selling or selling tobacco products in disguise. In addition, this kind of method of small and repurchase prizes may also be suspected of gambling and needs to bear criminal liability.
Experts suggest that the probability of the doll machine grasp
The doll machine is definitely illegal. The “Administrative Measures for Games and Equipment” issued by the Ministry of Culture and Tourism has been officially implemented in January 2020. Among them, it is also clearly stated that game entertainment equipment must not contain content to promote gambling.
Li Changan believes that the doll machine is a type of entertainment equipment and does not need to regulate it alone, but considering that there are many chaotic phenomena in the current doll machine, the regulatory authorities need to increase the supervision of policy implementation.
The current doll machine is most likely to be spit by consumers. The claws are too loose. Chen Tuo revealed that the doll machines on the market have almost no “technical machine”, all of which are “probability machines”, that is, merchants can regulate the “must -Chinese” strong claw probability in the background of the doll machine. It may be released in 30 times, mainly depending on product value and merchant marketing methods.
“The doll machine has a probability, as long as the” feeding “coin can be caught.” The director of the video game city Zhang also confirmed this statement, but he expressed his inconvenience to disclose the specific probability.
“In order to induce players to continue coin, the probability opportunity to set the claws to two sections. The doll is easy to grab, but the highest point will automatically loose the claws. Players do not know the specific probability of the strong claws. Two or three are successful, creating the illusion of a kind of doll in the shop. “Chen Tuo said.
The “Administrative Measures for Games and Equipment” clearly stipulates that if the game’s entertainment equipment provides physical rewards in a probability manner, the operator shall explicit the probability range in the positive position on the front of the game rating equipment. However, during the investigation, the reporter did not find any doll machine.
Liu Junhai pointed out that the country has introduced the corresponding management measures and focuses on the implementation. It is recommended that relevant departments promoting the scope of the scope of the doll machine in accordance with the law as soon as possible to explain the work, increase the fairness of the equipment and the transparency of the consumption amount, and provide consumers with more fair Natural entertainment model.
Author ｜ Rule of Law Daily All Media Reporter Zhao Chenxi
Source ｜ Rule of Law Daily
Original title: Can two dollars catch Chinese smoke? Do you know the hidden rules of the doll machine?
Editor -in -chief: Qin Hong Word Editor: Li Linwei Title Picture Source: Tuwa Picture Editor: Cao Liyuan
Source: Author: Rule of Law Daily