"100 coins, 8 or 9 dolls"

"Star Delu, Pink Panther, Hello Kitty all have them"

……

on the social platform

Many fans of doll machine

Sharing these experiences

According to their introduction

With good skills or luck,

You can get well-known IP dolls for only a few yuan

however, the reporter's investigation found

These well-known IP dolls are full of doubts

Publicly sold "Disney" dolls without standardized production and authorization information

More than 10 doll machine shops

Only 2 companies are relatively standardized

连日来，记者走访了人民广场商圈Dimei Shopping Center "The Storm Is Coming Again"，南京东路步行街ZX Creative Fun Fair "Hot Air Balloon Doll Machine Park"、 Yuehui Plaza "JOYMARK"、Hongyi International Plaza "Little Deer's Store"，新天地商圈Kaide Jingcai Plaza "JOYMARK"，长寿路商圈 Paris Spring Shaanxi Store is "Full"、MOHO Shopping Center "Cherry Blossom House"，陆家嘴商圈Century Hui "Baby Gathering Camp" and "Buerchai" 等集中提供夹娃娃服务的商铺，以及Metro Line 2 Nanjing East Road Station, Xuhuili Shopping Mall等零散设有夹娃娃机的场所，发现夹娃娃机里的Infringement products account for a high proportion。

For example, there are about 55 doll-holding machines in the "Wind and Cloud Rising Amusement Fair", of which about 30 supply "three-no" products, most of which are suspected of infringement; two "JOYMARK" and "Doll Gathering Camp" There are about 30 to 40 doll-holding machines, most of which are well-known IP images, but have no authorization information; the proportion of "three-no" and suspected infringing products in "Buerchai","Grasping Man" and "Cherry Blossom House" also accounts for more than half.

Dolls that fake well-known IP are often "three no" products

Among the more than 10 doll machine stores, only the dolls in the two stores,"Hot Air Balloon Doll Machine Park" and "Little Deer's Shop", are relatively standardized and carry product information tags. Those involving well-known IPs have authorization information on the tags.

"Genuine" dolls usually have a full authorization label

从现场看，The products suspected of intellectual property infringement mainly use well-known IP models from the Disney, Sanrio, and Pokémon series.

The visit also found that operators do not pay much attention to the product quality and intellectual property rights of the dolls in the doll clip machine. A number of doll-holding machine suppliers said that operators can choose the dolls they put on; shop assistants in some shops said that the dolls in the machines are often updated, products with well-known IP are very popular among consumers, and procurement channels are diverse. Most of them are products from other provinces and cities, without considering whether they have authorization.

lawyer analysis:There are multiple legal risks

The entertainment project of holding dolls was introduced to the Chinese market from Japan and other places. According to Japanese consumers and tourists to Japan, local doll holding machines attach more importance to intellectual property rights. The dolls in the machine have detailed production information and authorization information, including stamps, anti-counterfeiting codes, identification codes, etc. that indicate authorization.

In contrast, ** Although the doll clamps on the Shanghai market are extensive and large, they have many legal risks. ** Lawyer Ma Yuanchao, an intellectual property expert and partner of Zhonglun Law Firm, conducted a specific analysis:

first，从消费者权益保护的角度，生产销售“三无产品”可能违反《消费者权益保护法》。

secondly ，从知识产权风险角度，抄袭、剽窃他人的美术作品、视听作品中的画面、形象，涉嫌违反《著作权法》；擅自使用他人的外观设计专利，涉嫌违反《专利法》。

again，从玩具产品质量角度出发，如果商品存在安全隐患，包括材料不环保、对儿童有窒息风险等，涉嫌违反《产品质量法》。

Violating the above laws may not only bear the above-mentioned civil tort legal liability, but may also be investigated and administrative penalties by administrative authorities in accordance with the above laws. The most serious cases may violate the Criminal Law, such as copyright infringement, counterfeiting registered trademarks, and producing and selling fake and inferior goods.

Compared with the authentic ones, some dolls are "specious", but they cannot rule out the suspicion of infringement.

the industry recommends:Comprehensive investigation and cleanup from the source

针对夹娃娃机市场的现状，法律界人士和部分一线监管人员建议，Supervision responsibilities should be clarified, comprehensive investigations should be carried out, and clean-up should be carried out from the source.

Doll-holding machines belong to the cultural and entertainment industry, so they are managed by the cultural department; shops and merchants of doll-holding machines, as market entities, are also managed by the market supervision department. Therefore, it is recommended that the two departments clarify their responsibilities, form a joint force, carry out inspections covering the consumption of baby dolls in the city, and remove problematic products from the shelves as soon as possible.

Owners who provide venues for doll machine operators should also bear the responsibility of review

同时，The supplier of the doll machine venue should fulfill its audit responsibility and strengthen "source management". 《民法典》明确规定：“二人以上共同实施侵权行为造成他人损害的，应当承担连带责任。”在夹娃娃机市场，有些商场或商铺业主作为“房东”，租赁场地给夹娃娃机商户，并不关心经营者到底提供的是哪些玩偶。但根据“共同侵权”，如果场地经营者疏于审查，应当与夹娃娃机运营者承担连带责任。

In addition, the phenomenon of "three noes" and infringing products is generally common for some chain brands of doll clips, and a "blacklist" system can be established by the market supervision department. ，通报给夹娃娃机的场地提供者，提醒“房东”加强审核，预防侵权。

Finally, consumers should also be encouraged to report problematic dolls and participate in counterfeiting. 如果消费者、权利人发现该夹娃娃机中存在涉嫌“三无”产品、侵权玩偶的，可通过12345等热线举报。

**