On July 31, many founders Huang Wei at the press conference.
Fighting a lot of mobile phones on the vivi.
Fighting more and more response '山寨门' stock price opened sharply
The founder Huang Wei said that the problem of the cottage is more serious than the fake, and the fight is definitely not good enough; the fight is much more open, and it is on the verge of breaking last night.
Fake Moutai, pirated books, 7.5 yuan of milk powder, dozens of Beinmei milk powder, super bear laundry detergent, blue moon shell laundry detergent, cottage appliances... Recently many accused of letting more and more into a fake storm, there is a lot of opinions 'Let China fight back for 20 years', triggering online discussions.
On July 31, I made a lot of responses. More than one founder, Huang Wei, issued an internal letter, and the response tone slowed down. Huang Wei said, 'Even if it is a malicious attack, it should be interpreted in good faith'. In the afternoon of the same day, the company held a press conference at the Shanghai headquarters. The co-founders Dada and Huang Wei successively came forward to reply to the specific questions of the outside world. Huang Wei said that the milk powder will be placed in the first priority and clear. Standards, promote the upgrading of the cottage commodity industry. For the fake problem, the founding partner Dada responded that the fake is a human problem, the fake problem is a social problem, it is unfair to let the 3-year-old fight more.
Last night, a lot of US stocks fell sharply after the opening, as of 23:40, from the $22.19 before the market plummeted to 19.98 US dollars, plummeted 11.2%, on the verge of breaking.
More than a lot of spells 'fear a rare network lyric attack'
On the morning of July 31, many news spokespersons said that the company has just been listed for less than a week and has been widely questioned by a wide range of articles. The goodwill criticism will be accepted for rectification, but the truth is that it is receiving a rare wave network. The sensational attack, and there are special teams and personnel on the network to maintain. According to this, the fight has been reported to the National Internet Center, and the detailed materials will be announced to the whole society when appropriate.
Prior to July 28, Skyworth Group issued a solemn statement on Weibo, saying that a large number of counterfeit Skyworth brand TV products were sold in the near future. Skyworth official also posted a number of counterfeit Skyworth brands, including: Skyworth Pioneer , Skyworth Cloudview, Skyworth, Skyworthy, Skyworth Cool, Skyworth Cloud, and Skyworth e Home.
According to a survey by the Beijing News reporter, there is still a 'KDNRA' brand TV similar to the Konka brand. The reporter also searched for a number of product links with the name 'vivl' but similar in appearance to the 'vivo' phone.
In addition, there are reports that there are also many products such as 'Daily Washing Powder, Maotai Town Puree Wine, Parmepas Diaper, SANXIN Mobile Phone'. The famous writer Zheng Yuanjie also said on Weibo that he found it on the multi-platform. Pipi book series of Pipiru books.
Huang Wei: The problem of the cottage is more serious than the fake
On the afternoon of July 31, in the Shanghai headquarters of the United States, a lot of co-founders Dada responded to the specific questions questioned by the media. 'Fake goods are human problems', Dada said, 'Counterfeiting is not a family thing, peers Everyone from the supply chain to the downstream sales side, together with fakes, fakes will become less and less.
In response to Skyworth's allegations of defending the rights of the cottage products on the multi-platform platform, Dada responded. Since then, the company has cooperated with Skyworth. The two sides also expressed their long-term friendship and cooperation. Before the other party issued the statement, they did not receive any explanation or notice. On the day of the listing on July 26, Skyworth did not make any communication and suddenly removed all the goods.
For the problem of selling fake books proposed by famous writer Zheng Yuanjie, Dada said that communication with Zheng Yuanjie team will be handled quickly within an hour, and green channels will be accelerated.
The Beijing News reporter subsequently found the reply on Zheng Yuanjie Weibo. Zheng Yuanjie said on Weibo, 'After receiving my report, I immediately put a lot of money on the 'Star Baby Home Life franchise store' that sells pirated Pipiru books. The funds are frozen and included in the store blacklist'.
For the more than 20 yuan of Beinmei milk powder, Dada responded that the product is a temporary product, that is, a product close to the shelf life, is genuine, can be used safely, Jingdong, Taobao have sold milk powder.
On the afternoon of July 31, Huang Wei also appeared at the press conference.
Yesterday, the Beijing News reporter asked Huang Wei, in his eyes, how many fakes are not serious? How is it compared with other platforms? How is the governance?
In this regard, Huang Wei said, 'The real fake quantity is definitely smaller than the media imagined. ' Huang Wei responded, for example, 40 yuan of money, there is also a cost of fraud. The platform should have values. Some products belong to the flow, The benefits are not on the platform, not even on the consumer. However, the problem of the cottage is more serious than the fake, and the fight is definitely not good enough. Different categories should be treated differently.
On the 5th day of listing, the stock price of the company was put on the 'roller coaster'. On July 26th, the listed issue price was 19 US dollars, and it rose to the highest 27.54 US dollars on the same day, an increase of 44.95%. However, the good situation did not last long, the dispute caused by the listing, let Since July 27th, at 23:40, the real-time market of US stocks showed that after the long-term press conference, the stock price of the company opened up and plunged, from the front of the market, 22.19 US dollars. It fell to 19.98 US dollars, plummeted 11.2%, and was on the verge of breaking. Beijing News reporter Yang Wei Ren Jiao intern Zhao Weiyou Jia Ying Tong Beichen
■ Reporter survey
A variety of products are similar to well-known brand trademarks
The Beijing News reporter searched on the multi-platform platform and found that a popular product 'KDNRA' has a 15401 piece of the product. There is no product details for this product. The customer said that the brand is 'Kangjia Noble', a Sino-foreign joint venture. Brand, is a partner of Samsung and LG. A 'Statement' provided by China Trademark Customer Service shows that the brand owner is Guangdong Soj Electronics Co., Ltd. The reporter found that the company has more than 20 Class trademarks, all similar to mainstream brands.
Searching for the keyword 'vivi mobile phone' directly on the multi-platform platform, the reporter saw a number of product links with 'vivl' as the brand name, but the appearance is similar to the 'vivo mobile phone'. The reporter asked if the customer service has contact with the vivo brand and whether it is There are brand authorization letters and other relevant certification documents. The other party said that vilv and vivo are different brands, vilv is cost-effective, has a warranty card, and it has been avoiding the issue of whether there is a brand authorization, only to emphasize that the products are brand new Unpacking, guaranteeing authenticity, 'This side is authorized to sell.' The reporter searched the trademark name 'vivl' on the Chinese trademark online, and the results showed that there was no vifl product related to the mobile phone industry.
In the official website of the Trademark Office of the State Administration for Industry and Commerce, the Beijing News reporter found that 'Xiami Vision' and 'Kangjia Vision' were submitted by Guangzhou Noble Electronic Technology Co., Ltd. on October 11, 2017, applying for registration. Including computers, televisions, mobile phones, etc., but 'Xiami Vision' was rejected by the Trademark Office on July 6, 2018, and is currently in the application acceptance stage, while 'Kangjia Vision' is waiting for the substantive examination stage.
In addition, the reporter also found a product called 'slow strict antibacterial spray pharyngitis oral care' on the multi-platform platform. After consulting whether it can produce the relevant production qualification certificate, the customer service responded, 'Dozens of dollars Is it interesting to have something to do? Is there such a package without a certificate of qualification? Do not buy it. I will not give it to you. ' To this end, the reporter has verified on the Chinese trademark website whether there is a trademark named 'Slow Yan Yan'. The search results indicate that although the trademark is available, the products provided only involve disinfectants and sanitizers.
The Beijing News reporter searched for the keyword 'Pu Duo Duo Shan Zhai' on Weibo. Many consumers found that they bought a lot of products on the platform. One consumer said that she bought a fake Vantage cooker. Attached to the purchased product photos, the reporter collected photos of the products and information provided by the consumer, searched for the 'JZT-i10002B' model of the Vantage cooker and compared it. It was found that the model was marked 'JZT- The i10002B' scale model does not match the official product image. It is similar, not the 'JZT-i10002B' model of the Vantage cooker. 'After the sale is to wait, May 14 has not been processed yet.'
In this regard, IT lawyer Zhao Occupation said that the product constitutes a trademark infringement. If the brand owner sues infringement, then the producers and sellers of these products will certainly constitute trademark infringement. As a platform, it should also be carried out on products that are sold online. Examine, if it is a small amount of infringement, it is also true that such a large-scale sale of infringing products, the platform must be negligent or negligent, should bear the joint tort liability of the infringement. Beijing News reporter Yang Wei
■ Corporate response
Skyworth: I have been unable to get off counterfeit goods.
On the evening of July 31, in the media communication meeting held in the afternoon, it was pointed out that Skyworth had previously cooperated with Skyworth, but Skyworth had no reason to put down the goods. Wang Zhiguo, Chairman of Skyworth RGB Electronics Co., Ltd. in the 2018 New Product Strategy Conference of Skyworth In response, it said that cooperation with the fight is true, but many aspects have been unable to remove counterfeit products, so the goods will be removed.
Wang Zhiguo said that Skyworth had discussed and cooperated with the company in June this year. At the same time, it found that there were a large number of counterfeit Skyworth brand products on the platform. Afterwards, Skyworth required more and more offline related counterfeit products, but it remained until mid-July. No action, so suspend cooperation with him.
Since then, related counterfeit goods still exist on the multi-platform platform. Skyworth issued a rights declaration on July 28, demanding that more counterfeit goods be removed. Wang Zhiguo said in the interview that if there are still fake and Skyworth brands on the platform Commodities, Skyworth will take further measures.
As of press time, the reporter found that there are still many products suspected of counterfeiting Skyworth brand, such as Skyworth Cloud Audiovisual, Skyworth TV, etc. Beijing News reporter Xue Xingxing
■ Focus
Priority treatment of advance milk powder, experts said that attention should be paid to premature deterioration
'I can clearly say that in terms of priority, the term milk powder is the first,' in response to the anti-counterfeiting measures, Huang Wei said that priority will be given to infant food.
'For the issue of milk powder for social concerns, we will take the lead in updating the higher standards in the industry. We will force the addition of 'this is a temporary milk powder on the tank picture like the 'cigarette box reminder risk'. Please buy carefully. '字字'. Huang Wei said.
On July 27th, a picture of 'Beinmeihong Aijia Milk Powder' with a price of 7.5 yuan on the platform of more than 888 yuan was widely circulated on the Internet. Based on this picture, many media released the entire e-commerce. In the sale of fake milk powder, expired milk powder and other related reports, caused widespread concern.
In this regard, the fight for a lot of co-founder Dada explained that the price of 7.5 yuan is the price of chrysanthemum crystal used when the merchant is draining, not the price of milk powder, the price of milk powder is 19.9 yuan. The reason for the lower price is that Milk powder is called 'premature milk powder' in China.
The so-called 'prophase goods' refers to products that are close to the shelf life, but do not exceed the shelf life. In general, the food on the way is safe and completely edible, but it may also be affected by extreme environment.
The sale of 'advanced food' needs to make a consumption reminder for 'prophase goods' in accordance with the "Food Market Classification Supervision System" formulated by the State Administration for Industry and Commerce. Specifically, the 'prediction' is the food shelf life of more than one year, and expires. 45 days before the date; the shelf life is less than one year for less than one year, 20 days before the expiration date; the shelf life is less than half a year for 90 days or more, 15 days before the expiration date; the shelf life is less than 90 days for 30 days or more, 10 days before the expiration date Day; the shelf life of less than 30 days is less than 30 days, 5 days before the expiration date; the shelf life is less than 15 days, 1 to 4 days before the expiration date.
The Beijing News reporter searched for 'Beinmei' in a multi-application. In the search results, it was found that some merchants sold the expired milk powder. Some merchants indicated it on the product name and picture. The reporter found in a store that was undergoing brand clearance, and The word 'proxity' is not indicated, and there is a 'Beinmei flagship store' in the picture, the price is only 88 yuan, and the expiration date is only presented in the product description in a common font.
In the shopping software of Taobao, Tmall, Jingdong, Alibaba and other search for 'Beinmei' or 'Adventurous milk powder', it was found that the milk powder marked with the words 'provisional specials' was sold, but the platform was not marked. .
A food and drug supervision department staff explained to the Beijing News reporter that the so-called 'product shelf life' refers to the best time for the product to be consumed. During the warranty period, the product manufacturer meets the relevant standards or express guarantees for the quality of the product. The quality conditions are responsible, the seller can safely sell these products, and the consumers can use them safely. However, the shelf life is not the only standard for identifying whether the product has deteriorated. There may be premature deterioration due to storage methods, environmental changes, etc. So at the time of purchase, not only Pay attention to whether it is out of date, more attention should be paid to whether the appearance of the product is damaged or not.
Then, how does the term milk powder come into being? It is understood that young couples of childbearing age who are actually selling tend to choose not to buy at the time of sales for about half a year, so the adventurous milk powder has formed a huge industrial chain in China. Merchants often do not sell temporary milk powder, but will sell it to dealers or other channels.
The complete disposal of such products will cause huge waste, so the 'advance milk powder' will re-enter the market through low-cost methods. According to the data provided by the company, this part of the milk powder accounts for 20% of the total milk powder industry sales. About %. Because the price is very low, 'prophase milk' is often interpreted as fake milk powder or expired milk powder, which gradually forms a cognitive misunderstanding.
Co-founder Dada said: 'We have previously dealt with these products with reference to the standards common to the mainstream e-commerce platform industry. After this sensation, we found that it is not enough to deal with advance foods only according to industry standards. Reporter Bai Jinlei
Under the 'millet new product', the other 'white card machine' language is unknown
Search for the 'TV' keyword, the Beijing News reporter saw a popular product 'KDNRA' with 15401 pieces. There is no product details for this product. The customer said that the product brand is 'Kangjia Noble', for Chinese and foreign The joint venture brand is a partner of Samsung and LG.
For white-label machines (originally referred to as custom-made orders, followed by 'unbranded' machines), the company’s CEO, Huang Wei, said that it is necessary to divert the manufacturers to do their own brands. 'Individually, TV sets The panels they produce can't be produced, but they are assembled. In the short run, it is cheaper than others' brands. The long-term impact on his products is not good. Some manufacturers are shaken in the short-term interests, so I think this thing Just like Dagu Zhishui, so many factories have to be guided to good places.'
Compared with other e-commerce platforms, the merchants of the cottage products will be downgraded, and many of the infringements of the merchants are obvious. The sales volume is also large but the ranking is still ahead. So, is there a lot of indulgence in these cottage products?
For the questions of the Beijing News reporter, Dada responded that, first, the labeling of the brand involves the construction of the database. This is a complicated process. At present, the database that is being built is including mobile phones, digital industry, etc., consumers can Find the brand you want on the platform.
Huang Wei said that 'the clothes on the fight are all non-standard products, and the home appliances have brand recognition, so this problem will be more obvious in the field of home appliances. In the product category, the home appliances only account for a small part. ' Huang Wei also suggested, 'Whether we should guide them, if the brand can be more generous, some of them may really be to meet the market with different degrees of difference.'
On July 31, I said that I have already removed the Xiaomi new products from the cottage products. So, will there be other white card machines in the future? In this regard, Dada responded that the white card machine is not just a matter of fighting a lot. Other e-commerce platforms also exist.
'The problem of cracking down on counterfeit goods is an industry problem,' Dada explained, the review of special commodities is similar to the part of intellectual property. Before the fight, there are already two major e-commerce platforms. Their approach is to refer to the object of study. There are also strict management, such as yellow-related products, and disposal. After many products are put on shelves, there is no traffic, or traffic testing. There are scores in the back-end goods, there are sales points and quality points, when the data is abnormal, the review Colleagues in the quality inspection department will go in and deal with it. The Beijing News reporter Yang Wei Ren Jiao
■ Judicial interpretation
Who should bear the responsibility of the cottage products?
'The cottage products involve two infringements: if the trademark of the brand is used, it infringes the trademark right; if the trademark is not used, or other trademarks are used, but the appearance of others is imitated, the original design has a patent right. It is a violation of the patent right; if both the design and the trademark are used, the trademark right and the patent right are infringed. The right holder can conduct a civil lawsuit at any time, and the procuratorial organ can initiate a criminal lawsuit according to the Trademark Law. Lawyer Han of Gaowo Law Firm said.
According to the three guilts in Article 67 of the Trademark Law of the People's Republic of China, the use of the same trademark as the registered trademark on the same commodity without the permission of the trademark registrant constitutes a crime, except for the compensation of the infringed person. In addition to the loss, criminal responsibility shall be investigated according to law. Forgery, unauthorized creation of a registered trademark mark or sale of a registered trademark mark, which constitutes a crime, constitutes a criminal offence. In addition to compensation for the loss of the infringee, criminal responsibility shall be investigated according to law. Sales knowingly is a fake registration. 4. If a commodity of a trademark constitutes a crime, it shall be investigated for criminal responsibility in addition to the loss of the infringee.
'The price of genuine brands, from raw materials to craftsmanship, from brand packaging to marketing, and finally to the hands of consumers, the investment in any link is considerable, resulting in a slightly higher price than ordinary products. 'Temple certification Han Chao, the director of the center, said that counterfeit merchants are infringing on brand appearances and marketing strategies.
However, brand infringement faces difficulties in the process of proof and law enforcement. 'After some new technologies, new means of communication, laws and regulations have not been followed up in time, and the comprehensive evidence collection of trademarks and designs is more difficult, resulting in some The investigation of the case was blocked, and some people were lucky. 'National CPPCC member, Chairman of the Foundation of the Foundation, Nie Zhenning, pointed out the difficulty of investigating the branded case of the net-selling brand in the previous interview with the Beijing News.
Earlier, Xiaomi founder and chairman Lei Jun said at the plenary meeting of the Guangdong delegation that 'the fake and fake sales, the case value is less than 50,000 yuan, will not be held accountable, the case value is more than 50,000, at most 7 years This is the law of more than 20 years ago and the judicial interpretation of more than 10 years ago, which is seriously divorced from the actual situation today.
The focus of debate in the market is whether the e-commerce platform should be jointly and severally liable. After the implementation of the Tort Liability Law of the People's Republic of China (hereinafter referred to as the Tort Liability Law), the responsibility of the e-commerce platform is only at the level of 'notification of deletion'. As long as the e-commerce platform is implemented in a timely and effective manner, the responsibilities and obligations of the platform side are equivalent to having been fulfilled.
Article 36 of the Tort Liability Law stipulates that if a network user uses a network service to commit an infringing act, the infringee has the right to notify the network service provider to take necessary measures such as deleting, blocking, disconnecting the link, etc. The network service provider receives the notification. If the necessary measures are not taken in time, the expanded part of the damage shall be jointly and severally liable to the network user. The network service provider knows that the network user uses his network service to infringe the civil rights and interests of others, and fails to take necessary measures, and bears joint responsibility with the network user. .
Han Chao believes that China's economy is in a period of transition. There are indeed some low- and middle-income groups who want to have the appearance of high-end goods. It is limited to the personal economy or other pressures. It is temporarily impossible to purchase genuine products. With the existence of such demand, the source of fraud is not It will break. However, this also provides a breeding ground for domestically-designed brands. The platform of strong position should assume the responsibility of guiding the industry to develop in the direction of respecting intellectual property rights.