China to crack down on internet sales leave next year

Absrtact: Chai Haitao, deputy director of the National Office for the fight against counterfeiting, said December 10, the phenomenon of infringement of counterfeit new trends, focus on the Internet domain transfer. Next year will focus on the fight against Internet sales and piracy, import and export of fake and shoddy goods and other aspects; and will

 

Chai Haitao, deputy director of the National Office to combat counterfeiting, said December 10 that the phenomenon of infringement of counterfeit new trends, focus on the Internet domain transfer. Next year will focus on the fight against Internet sales and piracy, import and export of fake and shoddy goods and other aspects, and the network platform operators to work together to combat infringement of counterfeit behavior.

The first three quarters to investigate infringement counterfeit 24.18 billion yuan

Chai Haitao The remarks at a press conference held yesterday by the Ministry of Commerce. The Office of the leading group of the national crackdown on counterfeiting is located in the Ministry of Commerce and takes the lead group's daily work.

It is reported that the first three quarters of this year, the whole country to investigate and punish the infringement of counterfeit 234,000 cases, involving the amount of 24.18 billion yuan. Law enforcement action mainly involves trademarks, copyrights, patents and food and drug, auto parts, building materials, children's supplies and other key commodities.

Chai Haitao said that from the statistical analysis of the situation, this year, the phenomenon of infringement of counterfeit some new trends, focus on the Internet domain transfer.

Network shopping is a new form of commercial operation, rapid development in recent years. This year "double 11" cat and Taobao total turnover broke 35 billion yuan.

This September, Ministry of Commerce spokesman Yao Jian has said that China's e-commerce in the rapid development, but also faced with counterfeiting counterfeiting, fraud and infringement of intellectual property rights challenges and constraints.

"Criminals are now eyeing the Internet, especially online shopping, where they can make use of Internet technology for a wide range of applications and electronic business technology to sell fake, and they are profitable in this regard." Chai Haitao said that the sale of fake and shoddy products through the Internet and the spread of piracy are increasing.

Multi-sector cooperation to deal with online sales leave

Chai Haitao said that through the Internet counterfeiting fake and shoddy products and traditional counterfeit goods and sales are different. Network counterfeiting counterfeit is characterized by strong concealment, crime chain long, crime scale.

"For example, the command center of the lawless elements in a place, but the production in B, sales in the land of C, the collection may again to ding." The network server may be in or outside the country. Chai Haitao said that the way and characteristics of cyber-counterfeiting tort have brought new challenges to law enforcement and the fight against illegal and criminal acts.

According to Chai Haitao, at present many departments division of cooperation, are in the Internet field to deal with infringement of counterfeit action.

Chai Haitao said it will promote the law enforcement regulatory authorities and some key network platform operators to form a crackdown on the network counterfeiting fake and shoddy goods. "At this point of interest, the interests of the electricity business platform and the objectives and direction of the administrative Supervision Department are exactly the same." "Chai Haitao said.

As early as 2011, the Ministry of Commerce and other nine departments issued a circular on the request to promote the Internet shopping field to combat infringement of intellectual property rights and counterfeiting fake commodities action. At that time, the need to strengthen the network shopping platform supervision, especially in Zhejiang, Shanghai, Shenzhen and other relevant departments to urge Taobao, ebay and Pat Network to carry out self-examination, the alleged sale of infringement and fake and shoddy goods shop to rectify the case.

For the government to tighten regulatory and restrictive measures, may make the small and medium-sized merchant prohibitive, limits its development, Chai Haitao said, in the network, the net buys, the electricity merchant's development, the development is the first, must in the development norm, in the standard gradual development, this way can let China's electronic commerce more rapid development.

Measures

Build Enterprise Integrity "Blacklist"

National crackdown on counterfeiting office deputy Director Chai Haitao revealed that the current construction of enterprise integrity file data exchange platform, that is, to combat the counterfeiting of the central database, the database in addition to the general business registration and registration of legitimate business information, The most important thing next year is to load the information from the national tort case of administrative punishment into the database. According to the statistics of nearly three years, the number of counterfeit cases per year is mostly in 20多万件.

"If this goal can be achieved, it will provide convenience for the majority of consumers and normal business enterprises to recognize false discrimination, consumers and enterprises can choose not to be with these ' blacklist ' of the enterprises punished business or buy their goods, increase social transparency." From the perspective of credit construction and credit construction, it is a relatively big change. "Chai Haitao said.

Brand Internet fraud case

2007

Germany Puma Company v. Taobao and Taobao shopkeeper Chen a tort, request a court decree Taobao compensation 1 million yuan, two defendants stop the infringement. Guangzhou in the Institute of Taobao infringement does not support, at the same time, that Chen a sale of false acts constitute infringement.

March 7, 2011

Guangzhou Garments Co., Ltd. to sue Taobao mall a sale of fake shop and Taobao trademark infringement case in the Tianhe District Court trial, the company claimed 500,000 yuan.

November 2012

Coach has sued the United States Illinois State Federal Court for the sale of counterfeit coach products on the website of individuals and businesses, coach won 257 million dollars in compensation.

October 2013

The Swiss luxury group, Richemont Group, sued Pakistan's business-to-business tradekey.com and its company Sawabeh for a sale, and the federal court in California sentenced Sawabeh and its website to permanently ban the sale of the peak group's products.

October 2013

OpenCloud Group's Gucci (Gucci) US company won a series of online fake lawsuits and was compensated for 144.2 million of dollars, Florida State Federal court sentenced to 155 sites that use "Gucci" names and trademarks to build websites and sell them off.

Electric business Initiatives

The most severe punishment is a shop.

Consumer single Miss said that she had seen on Taobao, a European Shu Dan's Hand cream, only to sell a dozen dollars. Friends at that time persuasion too cheap I am afraid to be fooled, but a single miss repeatedly check shop introduction, Think like the real thing, coupled with the temptation of low prices, or patted down. Later in the use of feeling wrong, she looked back and found that the shop has been Taobao frozen, this just realized that there may be bought a fake.

July 22, Taobao released the latest on the sale of counterfeit goods management rules. According to the rules, will severely punish unscrupulous businesses to sell counterfeit, pirated goods violations, such as the sale of fake behavior is particularly bad business or will face a one-time deduction of 48 points, directly close the shop's most stringent punishment.

Another electric operator said that Beijing-east emphasis on authentic licensed, the current proportion of the high, third-party businesses accounted for is not high.

The above people said that, in addition to the request of the suppliers/businessmen in the entry of the business license, tax registration certificates and other related qualifications, will also strictly supervise and manage its operation and after-sales service on the Beijing-east platform.

However, there are also consumer queries, the platform side supervision is not strict enough. Some of the fakes that apparently look far below the price of genuine goods, but labeled "Genuine counters", the platform for the sale of fake manufacturers should have more stringent control.

Lawyer says

Prosecution platform is hard to win

It legal Experts Zhao occupation said that there are two types of sale on the internet, one is the trademark of counterfeit trademark, constitute trademark infringement, this kind of mainly rely on the right person to fight against themselves, the other is related to food safety level, need the government to intervene attention.

"Most fakes are sold through C stores. Zhao Occupation said, because of various objective reasons, make the fake on the Internet platform can not completely eliminate. For instance, the platform side examines the ability to be limited, in general, the prior examination qualification cannot prevent beforehand. Because the goods did not enter the platform side inventory custody, can not inspect. In the follow-up business process, even if there is a sale, but if no Consumer Reports can not find. In addition, the platform's own review measures may have problems, some shops related qualifications, certification can also be forged.

If consumers from a business platform to buy fakes, can be through the law to the platform side of the responsibility? Zhao Occupation said, generally difficult to win. "To see if the platform side has not fulfilled the management and the duty of care." One situation is, there is no requirement for the identity of the seller qualification audit, if not done, the need to bear joint and several liability. Also, if the platform side of advertising, the content of the recommended products is false, it will need to be the advertising publisher to bear Joint and several liability. ”

Rights

Luxury goods traders lift the tide of counterfeiting

The rapid development of luxury products has bred a batch of pusher to sell luxury goods, the ordinary consumers can hardly see the difference between the fake and authentic.

Fakes have affected the performance of luxury brands to some extent. Zhou Ting, dean of the Wealth Quality Research Institute, told the Beijing News reporter that the spread of fakes would accelerate the life cycle of the brand, which would allow the core consumers to quickly abandon these brands, which is very lethal to the brand.

Recently, a number of luxury brands and electric business platform began joint crackdown.

This October 11, Taobao and luxury brand Louis Vuitton (LV) announced the signing of a memorandum to jointly combat fake sales.

December 1 This year, another luxury brand coach announced the renewal of a memorandum of cooperation with Taobao to crack down on online fake sales. (LI)

New trend of selling fake

From the electric dealer "to the" micro-letter

"Before" "more sweeping" "Support" "Yin Air card", all sensitive words please hit the wrong word (homonym) or to send voice! This is Ms Wang's trade signal for herself selling luxury goods in micro-letters.

Ms. Wang has her own formal work, this year began her brother's introduction, began in the spare time to sell some luxury imitation goods, subsidized household. Ms. Wang said that she registered Taobao shop, but afraid to open Taobao store target too obvious, worried that if one day will be checked. Taobao has too many rules to do research on it. Said Ms. Wang. The reporter went to Ms. Wang shop, found that there is no one thing, she said, she has plans to sell the shop.

Since November this year, Ms. Wang has chosen to move into micro-letters and continue her business. Her approach is to send a picture of the object to the circle of friends, people who want to buy can add her micro-letter browse those photos. "Rely on the influence of the circle of friends, friends to introduce friends, good time to have four or five a week." "said Ms. Wang.

In this regard, it legal experts Zhao occupation said that businesses need in the days of Cats, Beijing East involved in registration, trading, payment, commission and other links, their monitoring efforts will be better. But the micro-letter, which includes a public account that is more of a flow-entry function, is still being done on other platforms; The micro-letter is not a closed loop, and its role as a platform is limited. In addition, the micro-letter also currently has no similar to Taobao in the evaluation mechanism to limit. Therefore, the micro-letter compared to the cat, Jingdong to the business control more weak.