Street vendor selling juzi
I still have vivid memories of Beijing clothing vendors on a street called “Yifu Alley”. After a four year legal battle the vendors from “Silk Market” in Beijing are getting busted for copyright violation from 5 big international firms: Burberry, Gucci, Chanel, Louis Vuitton and Prada. Infuriated, they threaten to beat up the law firm that is forcing them to stop selling these goods.
___The clothing vendors I recall operate out of little 8′ by 4′ shacks, plying their wares along a long corridor of vendors. These vendors are sharp, crafty, sneaky, crass, willing to shout and physically fight, sometimes charming, but always interesting. These wily citizens, all from the countryside, could easily compete anywhere in the world as street vendors and come out on top. They will easily pry your tight hands off your wallet unless you are mentally prepared to do battle.
___I was with a friend who bought a t-shirt. He paid, the vendor turned her back to wrap the t-shirt up and she switched the t-shirt to a different size. I guess she had more extra larges in stock that day. Caught red handed, there was no blushing nor apology. Straight faced, we forced her to give us the size we wanted, making a mental note to not go back to her stall.
___To tell these vendors, who are largely illiterate with the exception of counting cold hard cash, that they are selling contraband goods that violate international copyright laws will be wasting your breath. They cannot read English and know not the names Burberry, Gucci, Chanel, Louis Vuitton and Prada. They find a wholesaler who shows them nice looking product, a deal is struck and they’re in business. There is no sophistication here, just some vendors trying to make a living.
___It is difficult to defend China’s record of copyright violation, but look at this from their viewpoint. They buy nice looking product, and pay good, hard cash for them. Your average Beijinger or Laowai wants to buy these products. They satisfy a demand and make a little on the side to support their family. No one is hurt, and none of their customers complain. When you take away their livelihood you will get a response of physical violence. Enough talking here, you’re taking food out of their kid’s mouths.
___It is this type of conflict resolution method, that is to beat the crap out of someone else, that forced the partner of the law office, Hu Qi, to not go home and sleep in a hotel for 3 days. If you spend enough time in China outside of the large cities you’ll know that this is quite common, and somewhat supported by local police. This is also why China has open and closed areas for tourism, as they do not want Laowai to get into trouble. You see it looks bad when Laowai land up in hospital because they had a disagreement with the locals, who beat the crap out of him.
___While it is easy to say that China should change, this will take a long time. Some Chinese will never be able to afford a real Gucci bag and have no moral issues purchasing a copy. The same is true all around the world. Contraband goods will just be driven underground. The overall level of education in China needs improvement. I hope that these five international companies will take their legal battle up the food chain and not bother with the lowly street vendor, who is just trying to make a living.
I wonder how this situation will change as Chinese designers rise. The high class Chinese designers have a better understanding of the knock-off situation, and I would doubt that they would pursue copyright enforcement in the way that westerners do.
The purpose of intellectual property law is to enable companies who make investments in technology or a brand to be able to recoup their money and reinvest in other productive ways. Resting on the laurels of previous entrepreneurs is like being born into a rich family. Some dynasties continue to show leadership and deserve to exist, while others should be wiped out by forces of capitalism — and those capitalists may or may not be in the western world.