How does the e-commerce platform manage counterfeit goods? Fake goods refer to products that use untrue factory name, address, trademark, product name, product identification, etc. , causing customers and consumers to misunderstand the authenticity and think that fakes are genuine. How does the e-commerce platform manage counterfeit goods?
How does the e-commerce platform manage counterfeit goods? 1 what's the fight against online intellectual property counterfeiting?
In the era of e-commerce, intellectual property infringement is mainly divided into copyright infringement, such as piracy, misappropriation of pictures, infringement of artistic and written works; Trademark infringement, such as highlighting the use of trademarks, shielding trademarks, fakes, abuse of keywords, etc. ; Patent infringement, such as appearance patent, utility model patent, and other infringements such as counterfeiting factory name and address.
Sellers selling fake and shoddy products on major e-commerce platforms not only harm the interests of consumers, but also damage the rights and interests of the original corporate brands, and also seriously hinder the development of e-commerce platforms. Cracking down on fake and shoddy products on the Internet is of great significance to the development of the real economy, and every link from consumers to the industrial chain can benefit from the improvement of the shopping environment.
The main means that enterprises can take.
At present, small and medium-sized enterprises mainly take ex post measures, while large enterprises take preventive measures. Therefore, enterprises can take the following measures against intellectual property counterfeiting or brand protection based on intellectual property protection.
1, using the platform anti-counterfeiting channel to protect rights.
If the infringement has occurred, but the behavior and consequences are not serious, and the scale of enterprises suspected of infringement is not too large, enterprises can take the form of online complaints to defend their rights. At present, Ali, JD.COM, Pinduoduo and other platforms have intensified their efforts to crack down on infringement and counterfeiting, and have also opened channels for rights holders to carry out counterfeiting on the platforms, through which rights holders can defend their rights by themselves or by entrusting professional organizations. Taking Ali as an example, Ali's anti-counterfeiting rights protection channel has six steps:
Enterprises can ask the infringer to delete the link through this channel, so as to achieve the purpose of safeguarding rights.
In addition, for rights holders with a large number of complaints, several major e-commerce platforms also have their own integrity complaint mechanism. Taking Ali platform as an example, when the complaint deletion rate is ≥90%, the seller's complaint success rate is ≤5%, and the number of complaints in three months is ≥ 100, it can be automatically upgraded to an honest member, and the benefits of simplified complaint materials and quick response can be obtained.
2, prevention and control in advance, archive data.
Enterprises can take some preventive measures in advance, such as cooperating with the platform, filing product information in time, and using the power of the platform to effectively crack down on counterfeit goods in advance. Taking Opal Lighting as an example, Opal Lighting Legal Department began to join the initiative prevention and control project of Alibaba Anti-counterfeiting Alliance in 20 19, and filed Opal brand rights and major infringing brand information with the Alliance. Ali e-commerce website will automatically detect the improper use of opal trademarks and the links of opal fake sales when fake merchants put goods on shelves, and delete them during the shelf review stage.
The effective collocation of enterprise owners and platforms can form an anti-counterfeiting system and curb counterfeiting in time.
Step 3 send a warning letter
If the online complaint is invalid or lasts too long, the obligee can also use a warning letter to remind the other party to stop the infringement. According to Article 36 of the Tort Liability Law of People's Republic of China (PRC), Internet users and Internet service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability. If a network user uses the network service to commit infringement, the infringed party has the right to notify the network service provider to take necessary measures such as deleting, shielding and disconnecting the link. Therefore, the obligee can ask the e-commerce platform to take relevant necessary measures.
Step 4 file a lawsuit
If the alleged infringement has caused great losses to the obligee, the obligee can bring a lawsuit to the court, but before bringing a lawsuit to the court, he should actively and fully prepare the evidence of infringement and the evidence that he has suffered losses or the other party has gained benefits, so as to prepare for future court proceedings and occupy a favorable position. When necessary, enterprises can also use criminal charges.
abstract
Actually online and offline. Intellectual property counterfeiting is not a fragmented state. Online products generally come from offline. The right holder can also entrust a professional organization to investigate online products, from online tracking to offline, and simultaneously crack down on offline infringers.
In practice, some enterprises mistakenly believe that the process of "intellectual property counterfeiting" is single and fixed, so that "success" is used as the standard to measure success and other factors are ignored. "Success" is actually a process, which requires strict risk control, reasonable staffing, and lawyers, investigators and intellectual property protection consultants to perform their respective duties, so as to ensure that the intellectual property protection of enterprises can be carried out legally, orderly and continuously.
How the e-commerce platform manages fakes 2 faces contradictions.
Remediation of counterfeit goods is what e-commerce is doing. Huang Wei, the founder of Pinduoduo, once said: "I think the platform should resolutely remove any illegal goods, not only goods, but also businesses selling illegal goods." However, for social e-commerce, the rectification of counterfeit goods is facing a more complicated situation, and the relatively free sales model has brought certain difficulties to supervision.
According to media reports, in mid-June, a dozen Pinduoduo businessmen went to the headquarters in Pinduoduo to defend their rights. Some merchants said that in the absence of early warning, many merchants were forced to freeze the purchase price and close the franchise stores, and they did not get a reasonable explanation.
Subsequently, Pinduoduo released a fact sheet, saying that among the 14 problem businesses gathered at the site, 7 were selling fakes, 6 were inconsistent in product descriptions, and 1 had falsely delivered goods. Relevant facts have been verified by the preliminary examination and review procedures of the platform, and the evidence is true.
Some merchants think that they have been wronged, and the platform says that "profiting by fine merchants" will never happen. The dispute between the two sides highlighted the management problems of Pinduoduo in dealing with counterfeit goods. The low threshold and low price strategy in the initial stage of the platform brings difficulties to the later management.
In addition to Pinduoduo, other e-commerce platforms based on social relationships are also in a period of rapid development. Different from the single mode, some social e-commerce companies are playing the card of "bringing goods".
A few days ago, Youzan and Aauto Quicker announced a cooperation to create a "short video e-commerce shopping guide" solution. Aauto Quicker App will add an "Aauto Quicker Store", and each anchor can apply for opening a store, and the products in the store can be displayed in the work area. At that time, A Auto Quick and Youzan accounts will be interconnected, and A Auto Quick users can directly purchase the goods sold by their favorite anchors.
Xiaohongshu, who entered the "content+social" mode faster than Aauto, completed a new round of financing of more than 300 million US dollars on May 3 1 this year. Celebrity beauty bloggers such as Jelly Lin, Stephy and Angela Zhang share the drainage advantages brought by "planting grass" to the platform.
This kind of content plus socialization, relying on the sales model of anchor or blogger "planting grass", is much more free than the store and the official self-management. Some bloggers can directly divert users to WeChat for self-transaction, which undoubtedly brings more difficulties to supervision.
Synergy
Controlling counterfeit goods depends on the joint efforts of regulatory authorities and platforms. In terms of legislation, the e-commerce industry is about to face new norms.
The third draft of the E-commerce Law stipulates that if the operators of e-commerce platforms know that the goods sold by the operators in the platforms infringe on consumers' rights and interests and fail to take necessary measures, they shall be jointly and severally liable with the operators in the platforms according to law.
Yao Jianfang, an analyst with the Legal Rights Department of the E-Commerce Research Center, told China Express that the supervision involves the platform's own interests, not just the punishment for sellers, which will make the platform more responsible.
Liu Chunquan, deputy director of the Policy and Law Committee of China Electronic Commerce Association and partner of Duan Heduan Law Firm, said in an interview with the media that the self-evolution of marketization has been greatly improved after the management responsibility of e-commerce platform is clear. There will also be significant differences in the activity of e-commerce platforms with weakened supervision and strengthened supervision.
The e-commerce law, which is about to usher in the fourth trial, is expected to make social e-commerce platforms more actively crack down on fake sales, so that social platform merchants can sell fake goods at low prices, and the situation of bad money chasing good money has eased.
In terms of platform management, Yao Jianfang believes that this is related to the development stage of social e-commerce: "In the initial stage of development, e-commerce will have a lower threshold for sellers. At a certain stage of development, to be a quality e-commerce, the platform's choice of merchants will become more and more strict, and the crackdown on fake sales will also increase. This is the process of survival of the fittest and the development trend of e-commerce. "
In addition to governance, it is also important to smooth the channels for consumer rights protection. Yao Jianfang said that the difficulty in obtaining evidence and the poor communication of rights protection channels are the rights protection dilemmas faced by consumers at present. In this regard, she suggested that if the platform does nothing and consumers have evidence at hand, consumers can turn to the regulatory authorities or public opinion supervision agencies for help.
How does the e-commerce platform manage counterfeit goods? What is the industrial and commercial punishment standard for selling fake goods?
First of all, seize and confiscate all fakes and destroy them centrally;
Secondly, confiscate the illegal income from selling fake goods;
Finally, a fine of more than 50% and less than three times the value of the counterfeit goods sold will be imposed.
Article 50 of China's "Product Quality Law" stipulates that those who adulterate products with fake products, pass off fake products as genuine products, pass off substandard products as qualified products shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of more than 50% and less than three times the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Will you go to jail if you are caught selling fake goods?
Sellers are deceiving consumers by selling fakes, and consumers buy things they don't want, or get hurt in the process of using them. In order to recover the loss, they will expose the seller. Then, if the seller who sells fake goods is caught, he may face criminal punishment and go to jail.
First of all, it is illegal to sell fake goods. If the circumstances are serious and the amount is large, criminal responsibility shall be borne.
Moreover, according to the specific circumstances of the crime, the following penalties shall be accepted:
1. If the sales amount is relatively large, that is, the sales amount is more than 50,000 yuan, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined;
2. If the sales amount is huge, that is, the sales amount is more than 250,000 yuan, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Secondly, if the sales of fake goods do not reach the above amount, they will not bear the corresponding criminal responsibility, but they will accept the following penalties:
1, ordered to stop production and sales;
2. Confiscation of illegally produced and sold products;
3. A fine of more than 50% and less than three times the value of products illegally produced and sold will be imposed;
4. If there is illegal income, it shall be confiscated;
5. If the circumstances are serious, the business license shall be revoked.
Therefore, the seller who sells fake goods does not have to bear criminal responsibility, but should be determined according to the sales amount.
At present, local industrial and commercial departments are still making great efforts to check and crack down on counterfeit and shoddy products. Once you find that you are selling fakes, you will be punished accordingly. According to the product quality law, the specific industrial and commercial punishment standards for selling fake goods are generally ordered to stop production and sales, the products illegally produced and sold are confiscated, and a fine of more than 50% and less than three times the value of the illegally produced and sold products is imposed. However, it should also be noted that selling fake goods may actually violate the criminal law and constitute a crime.