“山寨”一词正在从手机的定语渐渐演变成一种社会现象的代名词,而“山寨”这种社会现象的背后又牵扯了诸多法律和社会问题。从专利法和商标法的角度看,山寨手机有合法之处,也有违法之虞。山寨手机市场的良性发展迫切需要法律的有序规范和政府的合理引导。 The term “cottage” is gradually evolving from the phone’s attributive to a synonym for social phenomena, and behind the social phenomenon of “cottage ” has involved many legal and social issues. From the perspective of patent law and trademark law, cottage phone has the lawful place, but also the danger of breaking the law. The healthy development of the cottage mobile phone market urgently needs the orderly regulation of law and the government’s reasonable guidance.