People back home often ask me what the biggest difference is between China and the United States, and most of the time it's hard to even start comparing. On the most basic level, there are a lot of similarities -- human societies tend to function in much the same way. We build apartment buildings, streets, schoools. People wake up in the mornings, eat breakfast, take the kids to school and then go work in an office. There are hospitals, firemen, and police.
All the most basic stuff is the same, it's just... in China, added on top of everything are donkeys and cars with three wheels. There are tractors pulling carts loaded with watermelon. There are enormous trenches dug in streets and then covered over for no apparent reason. And to top it off, the people driving the tractors, and digging the trenches, and grooming the donkeys will all look at YOU like YOU'RE the one who's doing something really strange, just because you're standing on the sidewalk in a place that feels like it's a million miles from home -- a place where you feel like there must be rules that make it all make sense... if you could only figure out what they were.
This morning I went to the Harbin City Trademark Office with my one-on-one teacher and one classmate. It was located in a nondescript office building in the Harbin Economic Development zone -- and, as the title indicates, there was a donkey parked in front of it. It was a rather mangey donkey, and its owner kept pulling enormous hunks of fur out of it as he watched us get out of the car. I really felt bad for the donkey -- it didn't look too happy. In any case, after a brief staring contest with the donkey's owner we went into the building and walked up to my teacher's friend's office. It was a rather disorganized meeting, as I wasn't really sure what I was supposed to ask, and my classmate isn't studying trademark law at all and just kept reading the newspaper, but I did manage to learn some interesting, if not exactly relevant stuff.
For instance, did you know that in China it is illegal to name your dog Hu Jintao? We were talking about what you can and cannot use as a trademark in China, and while in the US it's OK to plaster American flags all over everything, in China the use of the national flag is strictly controlled, and cannot be casually used on clothing or packaging. I then tried to make a joke involving "Hu Jintao Cookies", which turns out is also illegal - the names of politicians cannot be used for anything, including pet names. However, you CAN name your dog Chen Shuibian (the Taiwanese president). Naming your dog after the current prime minister of Japan is also OK. Celebrity names are fair game, however, which makes me wonder: how come no one has come out with "Jackie Chan Cookies"? hmmm....
I also found out where the illegal sock capital in China is located - it's in Wenzhou. This came from me asking what the most common sort of trademark infringement was that they dealt with - interestingly enough, it's people ripping off the Nike logo. My classmate helpfully demonstrated how prevalent fake Nike logos are in China by showing off the socks he was wearing, which he bought outside the school gates. I've also seen "NKIE" brand stuff, but his socks were spelled correctly. From our conversation, I gathered that cracking down on that kind of trademark infringement is like fighting a forest fire with a garden hose - they know it exists, they know it's illegal, but there's nothing they can (or will) do about it. Apparently, the factories in Wenzhou are starting to legally register their own trademarks, so progress is being made (if slowly), but how can you resist fake Nike socks at four pairs for 10 kuai (about $1.50)? The woman whose office we visited didn't seem incredibly overworked - the biggest trademark violators are in the south, and I never learned exactly what it is that they're up to in Harbin - got too distracted by the sock story.
They go after trademark infringers through a combination of their own sleuthing and people turning other people in. Apparently, if you report someone for trademark infringement, you get 13% of the reward money. I didn't ask the obvious follow-up questions - how often this happens and how much the reward money is - but I think it has to do with the severity of the case. There was a huge scandal involving a factory producing fake medicine at the end of last year which the trademark office was involved in - though I think the matter was passed up to the Public Security Bureau when it became apparent that the matter was criminal instead of administrative in nature. (As the trademark office, they have the power to fine people for trademark infringement and improper use of trademarks, but don't have the power to impose criminal penalties.) I asked the woman to give me an example of improper trademark use, and she gave me the example of someone changing the color of their trademark from red to yellow, which could cause a consumer to confuse that trademark with a competitor's. It sounded a little too minor to me, when there is so much rampant trademark infringement going on of a much more insidious nature, but maybe they're just trying to focus on the stuff they can easily target.
When we left her office to go get lunch, we discovered that our teacher had locked his keys inside his car. No problem, he said - he was going to call the local police station and have a police officer come unlock his car for him. Seeing our confusion, he explained: the police in China have keys that can unlock every car, and every apartment in the city (to assist them with searches). I don't know if I believe this, or if I heard him correctly, but that's what I think he said. To him, it made perfect sense: how can the police search an apartment if they can't get in? I guess the police having a key to every car is a lot more efficient than calling AAA or breaking a window... but also kind of scary, in a way.
So, all in all, a very worthwhile trip, but unlike anything I was expecting - pretty much a normal day in Harbin. Off now to go to my last class of the day - going to try not to fall in the enormous trench they've just dug outside the computer center. Repairs are in full swing on campus -- I actually am going to one-on-two class a bit late today, as my classmate showed up at my dorm room earlier to ask me if he could switch class times with me. "They're using a blow torch in my bathroom," he said. "I'm scared. Can I go to class now, and you go later?" China may be many things, but it's never boring...