Nine ministries crackdown on net-purchase infringement fake haven principle difficult to protect body

The nine ministries and departments jointly crackdown on net purchase infringement counterfeit

When the Jingdong Mall, when, Suning and other E-commerce enterprises by the market is hot, the old Consumer-to-consumer electric business platform but encountered a crisis.

Recently, the Ministry of Commerce, Ministry of Industries and other nine ministries issued a notice, demand further severe crackdown on internet shopping infringement, counterfeiting behavior, and requirements in Zhejiang, Shanghai and other departments to urge Taobao, ebay and Pat Network to carry out self-examination, rectification is not in place to strictly deal with, or even stop its Web site access services and domain name resolution services.

The "safe haven" principle is hard to protect.

This "to further promote the Internet shopping area to fight against infringement of intellectual property rights and counterfeiting fake commodities action notice" is labeled as "Express", in addition to the government departments strictly check, the responsibility for the first time is clear: to bear the responsibility of the market organizers, to " The use of technical means to shield infringement of intellectual property rights and counterfeiting fake and shoddy goods information, set up 24-hour online inspection system, timely handling of illegal violations.

"This shows that E-commerce has developed to a relatively mature level, the state and the government to standardize the network to buy a platform, so that e-commerce can be healthy and long-term benign development." "Chenbo, a lawyer from Shanghai Kam Cheng Tiancheng law firm, told the IT times. Just the past April 25, he was acting in the clothing (Shanghai) Fashion Trade Co., Ltd. sued Taobao trademark infringement cases, just in Shanghai, a Chinese court of final victory, tort Sellers and Taobao were jointly sentenced to compensate 10,000 yuan.

The final judgment, Taobao know that others use their network services to implement trademark infringement, but did not take the necessary measures to condone the infringement, should bear joint and several liability. Chenbo told reporters that this is the domestic trademark infringement lawsuit, Taobao first lost.

The clarity of administrative departments and courts on the tort liability of online shopping platform seems to imply that the Internet "safe haven" principle, which has been regarded as "amulet", is no longer so effective.

Online shopping crackdown has little effect on infringement

For a long time, Taobao, Pat, such as Consumer-to-consumer network shopping platform, has been shrouded in "fakes" and infringement of the voice of doubt, although Taobao every year launched a massive "anti-counterfeiting action", but the results are very little.

"Most of the time, Taobao has more than 20,000 sellers in the sale of clothing under the various brand clothing," Chenbo revealed. Clothing related people told reporters that the company's sales model is very clear, proprietary stores or counters, no agents, not authorized anyone online sales. From 2006 onwards, the clothes began to Taobao complained that its network sellers sell pirated clothing, "every working day complaints, the most week, the complaints of pirated clothing sales links have 1~2 million." "This person is very helpless. For fakes, clothing has a relatively fixed standard of judgment: below the company's minimum price discount, style differences, the so-called "authorization" ... But these standards are not recognized by Taobao, "they only agreed to delete the link after the event, but do not agree to be in advance based on key words and prices to screen." "Today, the clothes to sue Taobao sellers and Taobao infringement cases have more than 10, the cost of protection is very high, and the results are different." Earlier in the Yangpu District people's Court trial of similar cases, Taobao's joint and several liability is not supported by the court. Such a consequence is, as of April 27, the reporter on Taobao search "ELAND", "TEENIE weenie" and other clothing under the brand, there are still more than 30,000 results.

Shanghai Times Lok Sheng Trading Company is a "smart Tiger" series of distributors, they are also plagued by piracy. "We have never issued any network authorization certificate. "The introduction of Miss Yang, who is responsible for combating cyber infringement, at the end of 2008, they began to communicate with Taobao, asking them to delete the link of pirated sellers, after a period of coordination, now times happy students will be found on a regular basis to the search of pirated products Taobao, removed from Taobao," so we will control piracy within the controllable range, But it is impossible to stop it, delete today, it is likely to be uploaded tomorrow. ”

Taobao are "powerless"?

Hinian and times of happiness, in fact, is also the trouble of the network shopping platform. Taobao don't want to fake it? Naturally not. Miss Yang told reporters, and Taobao communication, "Qiao Tiger" the number of piracy has been greatly reduced, pirated links can be quickly deleted, than when the first network rights, the situation is much better. Taobao has also announced several times, take out billion-dollar anti-counterfeiting. However, "let Taobao hundreds of thousands of or even on the millions consumer-to-consumer sellers to conduct a one-audit, it is indeed difficult." "Shanghai Electronic Commerce Association secretary General Wang said.

The notice expressly requires that the network buys the platform to establish 24 hours daily on-line inspection system, the strict operator main body and the trade commodity market access system, and establishes the trademark, the Patent Inquiry system, adopts the technical means to shield violates the intellectual property rights and the counterfeiting fake commodity information, the sound information release, the identity authentication, the dispute processing and so on This must require the network to increase the platform for human and material resources, such as investment, even if so, "perhaps in the trademark infringement can have some effect, product quality is difficult to control." "Wang said.

In the nine ministerial committee issued "notice" after five days, MA finally sit still, issued a question said: "Fight against Taobao or play fake?" Do you play Taobao or online shopping? If the real counterfeit goods, we can come up with all the detailed data. As long as the sale of fakes, we must trace the root cause, but we are not prosecutors, the Ministry of Public Security. ”

Reporter comments

Taobao can do a little more

The blame for the spread of Chinese fakes all to Taobao, naturally unfair. It is not its fault, but it is not completely wrong. Reporter once joked that if the whole "sweep" of a place in Fujian, perhaps China's fake can be less than One-fourth. Ma Yun need not wronged, the existence of counterfeit base is the root, but the existence of Taobao, said that the fuel can not be too. There is no denying that there is a network to buy a platform, and without strong supervision, fakes will have a place to the country, to the world's channels and ways.

Although we believe that Taobao in order to fight against, pay a lot, we can not ask, Taobao as a network shopping platform, bear too many responsibilities and obligations. But also see, Taobao can do a lot, but it did not do, or do not good enough. To give a simple example, shielding the "key words" such a simple means, Taobao do is not good, even if times Losen has been and Taobao communication for more than two years, but today, the reporter input "Qiao Tiger", still can be found thousands of "Qiao Tiger" information piracy.

Things for, there is no, I hope Taobao can slowly think clearly, their "for" and "not for" where the boundary? Also hope that the relevant departments to the network to buy the platform's rights and responsibilities, there are more clear norms.