信源：汪翔博客
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走私和制造山寨产品，如果跳出“合法与非法”的范畴来思考，你也能获得很多有意思的启迪。
观察、思考，再观察、再思考，一位普通的美国朋友给我强调的他习惯了的“生活哲理”，通过十几年在我眼前的重复灌输，让我觉得越来越有道理了，也慢慢在不知不觉之中开始变成了自己的习惯了。
回到山寨和山寨产品走私，如果是作为一个经营手段，一个经营领域，一个养家糊口的行当，那么，在不同的时刻，你做哪样的“生意”更有利可图呢？
而作为纳税人的“守护神”的反山寨和反走私的执行者，你的执行方式和方法，会随着时间和科技的变化，而会发生哪些变化呢？
下面的这篇文章，可以从一个侧面给我们一些启发。
山寨产品走私，在过去主要是由制造正规产品的产地，在“闲暇之余”多生产之后，再搞“直销”，直接通过“走私”运到消费地进行的。这种直销的好处是，你避开了代价不菲的类似于设计、品牌打造和启动资金投入、风险承担等合在一起的“启动费”。
由于你已经在做代工，已经知道怎么样制造，于是乎，你完全可以制造一样的产品，并且贴上一样的品牌标志，不同的是，你没有支付使用这些“物件”在法律上必须支付的费用，就直接很“聪明”地将产品送到了市场上，砍掉了很多“中间人”应该获得的利益分享，搞了独吞，并且，还将这种节省的好处直接转给了消费者。
在过去，对付这样的走私和山寨产品，直接卡住海关，将眼睛盯紧那些巨大的集装箱，就万事大吉了。
可是，在互联网越来越发达的今天，在直销变得更为容易的时候，直销的模式也开始由批发再零售，变为直接“直销零售”了。
对付这样的山寨和走私，执法部门开始将视野放在做这类生意的网站上，从打击销售者开始。也就是从清理“不合法小商贩”来从源头开始搞打击。与此同时，就是在制造这一块，搞釜底抽薪。
注意到，制造山寨的主要来源地，第一当然是中国大陆，排在后面的，就是香港、新加坡、印度和台湾了。在这这种，我估计，香港和新加坡所扮演的角色，在最近十几年，估计更多的是“转手”“中间商”。而印度和台湾，估计则还是在“原创”这一块。
从这个排名，你可以说是体现了亚洲人的法制观念的差，同时，你还可以说，是因为“天时地利”造就的理性人的理性选择结果。
因为，那里正好就是世界的制造工厂，所有的被仿造的名牌，都在那里制造和生产。这就给人们顺便搞点副业提供了得天独厚的条件。如果制造工厂在南美，在非洲，而不是在亚洲，那么，亚洲得以占住前五名的可能性就会非常的小。
所以，解读一件“坏事”的时候，你还不能也不该老是想着：亚洲人就是混蛋！
理性而已，谁叫他们更为勤奋，更为能够吃苦。
谁叫他们那么久的被压抑，创新意识被消磨，同时又长期的遭受贫穷的折磨。
话再说回来，面对类似于来自苹果公司那样的巨额剥削，他们在通过正规途径无法分享一点的前提下，通过非正规途径捞一点点，至少在他们看来，也是很合理的。
再者，在指责这帮人的时候，人们老喜欢用“正常价格”来衡量和计算损失大小，并且就此来夸大这些人的“罪孽之深重”。实际上，这是一个很大的有意识的误导和人为的大忽悠。
前阵子，记得有一位中国人，因为山寨软件，被美国执法机构认定给美国佬带来了高达几十亿美元的损失。而这位“傻乎乎”的被人调离中国在南美就范的家伙，自己实际获得的经济利益，估计也就是百来万美元的样子。
对于我，付出那么大的代价，那么多的时间，为了获得那么小的区区蝇头小利，在给相应的品牌带来了巨大的免费广告收益之后，还被人家反咬一口，真的是不合算。
经济学上的供给与需求理论说，很多产品的需求量大小，是与价格高低紧密相关的。对于高价产品，价格的供给弹性估计要敏感的多。于是乎，如果没有这样的山寨和走私提供的极为低廉的价格和还算过得去的质量，对应的已经实现的销售数量，在正常价格下，我估计，该数量的百分之一可能都卖不出。
而且，买这些山寨的消费者，在没有这样的山寨的情况下，很可能一辈子都不会购买全价的该品牌产品。况且，即使是品牌产品，很多时候也是折价销售。衣服，手表，历来如此，25%以上的折扣，很经常能够见到。
对于名牌手表，即使是在珠宝店，有些时候，你也可以在其挂牌的25%折扣之外，再谈点额外的折扣和再 折扣。至少对于我，这一招非常灵。
从放大罪责的角度看，美国佬也是在搞“欲加之罪”了。
还有一个现象：亚裔的年轻姑娘，很多人喜欢拥有LV这样的品牌包，其产品来源，多数估计也是山寨。而在同样年龄档的普通美国女孩，好像很少有人使用这个“档次”的品牌包。这是不是说，亚裔还是在守法上差人一等，在爱面子和虚荣方面又高人一筹呢？
The 10 Most
Counterfeited Products in America
January 18, 2013 by
Samuel Weigley
The American economy
loses $250 billion as a result of counterfeit products each year, according to
a recent report. Despite the impact, only a fraction can be detected and confiscated
by the government.
Approximately $1.26
billion worth of counterfeit goods originating overseas were seized by the U.S.
Customs and Border Protection (CBP) in 2012. Each seizure averaged $10,450
worth of counterfeit goods. The three most confiscated items in 2012 were
handbags and wallets; watches and jewelry; and wearing apparel and accessories.
24/7 Wall St. reviewed the 10 most counterfeit items seized in 2012, based on
their retail value.
The value and the number
of seizures changes dramatically each year due to the products sold and the
success of CBP operations. The value of handbags and wallets seized in 2012
rose 142% compared to the previous year. Therese Randazzo, the director of the
Intellectual Property Policy and Programs Division for the CBP, explained that
CBP officials may seize knockoffs of more expensive brands in one year than in
another.
The value of product
seizures also fluctuate as a result of different methods of smuggling
counterfeits into the U.S., which ultimately impact what products get seized.
Only a decade ago, most
counterfeit goods were shipped from overseas via large containers and then sold
in the country. An increase in online shopping has changed that, Randazzo told
24/7 Wall St. Now, counterfeiters are selling these items through websites and
shipping them directly to the consumer, making it that much harder to track and
seize. To combat the new techniques, the CBP has begun targeting and shutting
down websites that facilitate these transactions.
It is important that
federal enforcement agencies account for the online shift in the counterfeiting
market, Lev Kubiak, director of the National Intellectual Property Rights
Center said in a statement. “Attacking criminal activity at every point along
the international supply chain, to include websites, manufacturers, shippers
and shipping routes, border entry points, distribution networks and payment
methods, is critical to” CBP and Homeland Security Investigations enforcement
efforts, he said.
More of these
counterfeits originate from mainland China than any other country in the world.
This is due in part to the fact that China is the largest manufacturer of so
many products — most of which are made cheaply. Adding to this, enforcement of
intellectual property is also particularly weak in the country. Hong Kong,
Singapore, India and Taiwan rounded out the top five countries of origination
for counterfeits seized by CBP.
While it is an effective
measure of government activity, the report fails to capture the full-scale of counterfeits
in the U.S. This is because the CBP does not include seizures of items
originating in the U.S., digital piracy, and counterfeits that are not seized.
In the case of software piracy, for example, counterfeiting costs U.S.
companies billions alone in lost revenue. However, because the CBP does not
measure digital transmission, which represents the vast majority of software
piracy, the scale of the theft is underrepresented.
Based on information
provided by the CBP, 24/7 Wall St. reviewed the 10 most counterfeited items
seized by officials based upon the manufacturer suggested retail price (MSRP).
We also looked at the number of times the item was confiscated in both 2012 and
2011. We also looked at the top five countries of origination for all items
seized to reflect how much of each item came from a particular country.
These are the 10 most
counterfeited products in America.
10. Toys
>
Value: $13.6 million
>
Pct. of total seizures:
1%
The federal government
is holding onto a few gifts from Santa. The CBP seized $13.6 million worth of
knock-off toys in 2012, down nearly 38% compared to the previous year.
Approximately $10.5 million worth of toys seized in 2012 originated in China,
by far more than any other country. Toys were also the most smuggled item from
Taiwan in terms of value, with approximately $1.7 million worth of the items
seized in 2012. Randazzo noted that a wide range of counterfeit toys have been
seized, although the seizures of counterfeit bicycles have increased as of
late.
9. Labels/Tags
>
Value: $26.3 million
>
Pct. of total seizure
value: 2%
More than $26 million
worth of labels and tags were seized in 2012, down nearly 80% from the $127
million worth seized in 2011. About $7.3 million worth of seized labels and
tags in 2012 originated from China, while more than $3 million worth came from
Hong Kong. Randazzo said she believes that the large drop in the seizures is
merely due to the lower value of the labels and tags and the amount seized in
each case. However, the 796 seizures where labels and tags were confiscated was
up from 706 compared to 2011.
8. Computers/Accessories
>
Value: $34.7 million
>
Pct. of total seizure
value: 3%
The total value of
counterfeit computers and accessories seized in 2012 was more than 50% higher
compared to 2011. Yet these products were only seized 833 times in 2012, down
from 1,069 back in 2011, meaning that the average seizure value was much higher
in 2012. More than 90% of the products seized originated from mainland China or
Hong Kong, with the value totaling $18.3 million and $13.4 million,
respectively.
7. Optical Media
>
Value: $38.4 million
>
Pct. of total seizure
value: 3%
Although it represented
only 3% of the value of all seized items in 2012, optical media was seized by
CBP agents nearly 2,900 times in 2012, making the product the third-most
confiscated item. However, this was down from more than 4,200 seizures in 2011,
when optical media was second only to clothing and accessories in terms of
total number of seizures. Despite this, the $38.4 million value of the seized
goods was higher than the approximately $35 million seized in 2011, indicating
that the average value of each seizure was greater. Since optical media only
includes tangible items such as movies or music on a CD and not digital
transmission, the real scope of media counterfeits is likely significantly
understated by these figures.
6.
Pharmaceuticals/Personal Care
>
Value: $83.0 million
>
Pct. of total seizure
value: 7%
An estimated $83 million
worth of pharmaceuticals and personal care products were seized in 2012, down
from nearly $142 million just a year earlier. China was responsible for most of
the seized counterfeit drugs and personal care items, with an estimated $46.9
million worth of products. In addition, pharmaceutical and personal care
products constituted 76% of seizures of products originating in India, with an
MSRP of over $5.3 million. Randazzo explained that while India has a large
legitimate pharmaceutical industry, it also has a significant counterfeit
industry.
5. Footwear
>
Value: $103.4 million
>
Pct. of total seizure
value: 8%
The value of only five
seized products in the country exceeded $100 million in 2012, and shoes marks
the first of the five. The federal government seized more than $103 million
worth of footwear in 2012 in nearly 1,900 seizures. While most of the footwear
that was seized used to be athletic shoes, Randazzo said that knock-offs of
higher end, dress shoes are becoming more common. The vast majority of footwear
seized in 2012 originated in China. In fact, 10% of the total value of goods
seized from the country was footwear, higher than all but two other products.
4. Consumer
Electronics/Parts
>
Value: $104.4 million
>
Pct. of total seizure
value: 8%
Consumer electronics
represented 8% of the total value of items seized in 2012 compared to 10% in
the previous year. An estimated $71.5 million worth of consumer electronics
originating in China were seized in 2012, comprising 8% of the total value of
all items from the country. Of all counterfeit products originating from Hong
Kong, consumer electronics were the most seized, comprising 1,943, or 23%, of
all seized items from the country. Randazzo said that the seizure of knock-offs
such as smartphones and tablets has risen exponentially in the last couple of
years.
3. Wearing
Apparel/Accessories
>
Value: $133.0 million
>
Pct. of total seizure
value: 11%
Counterfeit clothing and
accessories were the most seized items in 2012, comprising more than 7,800, or
about 29% of all seizures. Randazzo said that knockoff jerseys of a team
winning an event such as the Super Bowl frequently get seized by CBP. The
number of clothing seizures in 2012 was down from the nearly 8,100 back in
2011, which then totaled $142.3 million in retail value. Of such seizures in
2012, more than $97 million originated from China.
2. Watches/Jewelry
>
Value: $187.0 million
>
Pct. of total seizure
value: 15%
Roughly $187 million
worth of watches and jewelry was seized in 2012, up from $173 million in 2011.
The number of seizures of watches and jewelry by the CBP grew to 2,197 in 2012,
up from 1,491 in 2011. The country most responsible for these counterfeit items
was China, with $91.3 million in retail value seized by the federal government.
In addition, 98% of counterfeit items smuggled from Singapore were watches and
jewelry, with an estimated MSRP of $9.2 million. Randazzo noted that Singapore
has a large jewelry industry, which naturally leads to many counterfeits
originating from that country.
1. Handbags/Wallets
>
Value: $511.2 million
>
Pct. of total seizure
value: 40%
Handbags and wallets
were by far the most counterfeited item in terms of MSRP, with the total value
of the seizures up 142.2% compared to 2011. The CBP credits a portion of the
large growth in seizures to “successful interagency-coordinated enforcement
operations,” including Operation Market Day, which was primarily a sting
operation coordinated in conjunction with U.S. Immigration and Customs. Of the
approximately $511 million worth of handbags and wallets seized in 2012, more
than $446 million worth originated in China.
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