There are two kinds of complaints that often occur in the daily operation of enterprises, one is the administrative complaint of professional complainants, and the other is the intellectual property complaint of obligees. So how should these two types of complaints be prevented and handled?
First, the professional complainant's risk prevention and complaint response to administrative complaints.
0 1. Avoid risks.
From the case analysis of business consulting, the common complaints of professional complainants are mainly divided into two categories, one is aimed at the quality defects of products themselves, and the other is aimed at the non-conformity of product page propaganda. If you want to avoid complaints, it is necessary for merchants to set up a "firewall" before the goods are put on the shelves for sale.
For the commodity itself, we must first judge whether the commodity meets the requirements of commodity access. For example, we need to release mobile phones, digital products, electrical appliances and other commodities, and the commodities should have CCC certification marks. In this step, merchants need to know the access requirements of goods in advance and confirm that the goods have corresponding qualifications. After meeting the requirements, they can consider selling. Merchants need to do "homework" before the goods are put on the shelves, and the purchasing department should establish an incoming inspection system, requiring suppliers to provide materials to prove that the goods they supply meet the relevant national laws, regulations and quality standards.
At the same time, it is suggested that merchants sign a purchase and sale contract before cooperating with suppliers. The contract clearly stipulates that the supplier shall take full responsibility for the quality of the goods. Once the merchant is subject to consumer claims or administrative penalties due to product quality problems, the supplier shall bear the liability for breach of contract and compensate the merchant.
In addition to the quality of goods, the publicity page of goods is also the "hardest hit" for complaints. The common types of complaints encountered by merchants are: absolute language violation, ordinary food promoting health care products or disease treatment functions, exaggerating or falsely promoting the efficacy of products, and promoting patented products without patent numbers.
In order to avoid complaints, many businesses use typos or pinyin instead of pages, hoping to avoid risks. I often call it "stealing the clock", but it has no effect in essence. Whether the published content is illegal or not requires page reviewers to have a basic understanding of advertising law. Once found illegal, they may face high fines. At present, the platform has also developed a self-inspection tool to help businesses make preliminary judgments. Merchants can use the commodity risk "compliance tool" in the business treasure to preliminarily screen the commodity pages and modify them according to the results.
Of course, for page compliance review, manual review is often irreplaceable and needs to be carefully reviewed before publishing the page. Core Description: The propaganda content is accurate and verifiable. Suppose we want to publicize that the sales volume of a product is the first in the whole network, then we need to indicate the data source, statistical scope and time. If you want to publicize the sunscreen effect of a cosmetic, you need to ensure that the product has obtained the approval number of special cosmetics. If you sell ordinary food, remember not to advertise it as a panacea. Of course, even drugs cannot be advertised.
02. Complaint handling.
Even if the merchant responds seriously, it is still possible to receive a pop-up administrative complaint notice in the background of the store. What should I do if I receive the notice?
First of all, we need to judge whether the reason for the complaint is established, that is, as a merchant, whether we have room for reasonable defense. After receiving a complaint, it does not mean that the business must violate the rules. As the respondent, we should actively provide evidence to safeguard our legitimate rights and interests. In an administrative complaint case, the businessman was complained of unfair competition. In the end, the Yuhang District Market Supervision Administration made a decision not to impose administrative punishment on the parties through proof.
Secondly, if the complainant is not a consumer, or even a professional complainant who uses the complaint as a profit-making tool, then according to Article 15 of the Interim Measures for Handling Complaints in Market Supervision and Management issued on 20 1654381October 30, the market supervision and management department will not accept the purchase and use of goods or services that are not needed for daily consumption, or it is impossible to prove that there is a dispute over consumer rights and interests with the respondent. In other words, the scope of the complaint is limited to "consumers need to buy, use goods or accept services in their daily consumption, and have disputes with operators".
If the above conditions are not met, there are indeed illegal acts, and rectification should be carried out at the first time to avoid the expansion of illegal consequences. Secondly, businesses can pay attention to some policies and measures introduced by local administrative departments. In order to optimize the business environment, some provinces and cities have issued a list of minor illegal acts, and some illegal acts that meet the requirements are exempted from punishment.
For example, Article 9 of the Advertising Law of People's Republic of China (PRC) stipulates that an advertisement shall not be under any of the following circumstances: ... (3) Use the terms of "national level", "highest level" and "best", and the list of law enforcement supervision items under the notification commitment system is applicable to Zhejiang Province. It is stipulated that advertisers publish advertisements illegally, which belongs to Item (3) of Article 9 of the Advertising Law and Guiding Opinions on Several Issues Concerning the Implementation of Advertising Supervision. The list of law enforcement supervision projects in Zhejiang province that apply the notification commitment system stipulates that 67 kinds of minor violations should be "exempted from punishment for first offenders" Shanghai, Tianjin, Hubei, Shenzhen, Chongqing, Chengdu and other places have also issued lists of minor violations in market supervision through different forms. For illegal acts that fall within the scope of the exemption list, the punishment can be exempted for the first time by taking timely rectification and actively advocating proof.
Therefore, if there are illegal acts, we can also actively advocate proof, reduce the degree of punishment, reduce fines and reduce the amount.
Two. Intellectual property risk prevention and complaint response.
Intellectual property protection has been paid more and more attention. There are corresponding rules at the legal level and the platform rules level to limit intellectual property infringement. Different types of infringement correspond to different punishment rules and consequences. Once the complaint fails, the link will be deleted, the store will be punished for violating the rules, the weight of the store will be affected, and even the store will be closed. For every business, intellectual property rules are very important for store operation.
0 1. Risk avoidance.
Judging from the intellectual property rules of the platform, the most serious violation is Class C sales violation: selling fake goods refers to selling counterfeit registered trademark goods or selling pirated goods. All other violations of intellectual property rights are general violations of the rights of others.
For merchants, selling fake goods in violation of regulations is the lifeline of the store. Once the illegal sale of counterfeit goods has a great impact, we should pay attention to the regularity of the source of commodity purchase in daily operations, confirm that the goods are genuine, and keep the purchase voucher with complete links to deal with possible complaints.
Improper use and infringement of others' rights in platform rules are mainly divided into trademark infringement, copyright infringement and patent infringement. General trademark infringement needs to remind merchants to pay attention to the standardized use of trademarks in the process of selling goods, especially to avoid the traffic of other brands.
The most common infringement of copyright by merchants is stealing pictures, which refers to the act of using the pictures of the copyright owner in the information page displayed on the platform without the permission and authorization of the copyright owner. What needs special attention here is that sellers often confuse brand sales authorization with image use authorization. Even if you are authorized to sell the brand, it does not mean that you can use the image that appears on the brand official website and flagship store pages. It is suggested that the seller take photos by himself and keep the original pictures, or use the pictures after confirming the authorization of the copyright owner.
02. Complaint handling.
Once faced with intellectual property complaints, we must first analyze whether there is infringement. If there is any infringement, you can take the initiative to contact the right holder to communicate and negotiate. If the obligee is willing to withdraw the lawsuit, the liquidated damages will be cancelled. It should be noted that if the two parties reach a settlement, it is best to confirm the settlement content through agreement to avoid subsequent disputes.
If it is found that there is no violation through analysis, it is necessary to actively prepare materials for handling complaints according to the complaint guide given by the platform. The complaint period of the platform for intellectual property complaints to merchants is three working days, counting from the date when the merchants receive the complaint notice in the background. The preparation of complaint materials needs to ensure the authenticity and integrity of the complaint. Therefore, in daily business activities, we should pay attention to the retention of vouchers and the standardization of page publishing, so that even if we are complained, we can have a solution.
With the implementation of June 1 9+1October1Electronic Commerce Law, in the field of electronic commerce, legal issues and compliance issues have become "network celebrity issues", and it is the general trend for practitioners to operate in compliance with the law. With the further improvement of platform rules, understanding and abiding by the rules will bring "dividends" to businesses. I hope that all businesses will spend the Double Eleven safely.