The e-commerce platform shall strictly follow the provisions of the Law on Consumer Rights and Interests, Tort Liability Law and other laws and regulations, and strictly investigate the phenomenon of counterfeit goods on the platform.
Judging from the many founders' speeches, it is clear that there is a knock-off of the platform but ignores the intellectual property laws, trademark laws and other laws and regulations, infringes the legitimate rights and interests of other manufacturers, and should bear joint and several liability.
Recently, the State Administration of Market Supervision held an administrative interview, requiring many platform operators to strictly perform the main responsibilities, strengthen the management and audit of the operators and commodities that entered the platform, actively cooperate with the market supervision departments at all levels to investigate and check, and maintain fairness. Competition order, truly for the benefit of consumers.
Relying on the ultimate compression supply chain, some of the merchants who have worked hard have done a good job. For example, the garlic planted by Zhang Yinjie, a farmer from Zhongmu County, Henan Province, although the price on the market is very low, the order quantity can reach 1 million jin. And can reduce the cost of courier to 0.7 yuan per catty, to achieve small profits but quick turnover. The same product, he needs to increase the price in Taobao to protect the original.
However, the fight is also full of all kinds of brand-name goods, which is an indisputable fact. After the listing of many more, Skyworth took the lead in issuing an announcement, demanding to fight more and fake the products of their own brand, the fairy tale king Zheng Yuanjie also Weibo complained that it sold more of its own pirated books. The voice of the Internet accused of selling more fakes came one after another.
With all kinds of e-commerce platforms from scratch, from weak to strong, consumers have already understood what a 'clean' e-commerce platform should look like, for a lot of wonderful sales pages and shopping experiences, consumers It is natural to come to a conclusion - to indulge in the cottage manufacturers on the platform.
It is worth noting that China's laws and regulations have clear provisions on the e-commerce platform's obligations in combating counterfeit goods. 'There is no doubt that the e-commerce platform should bear the supervisory responsibility for the sold goods, counterfeit goods.' Dr. Pan Helin, a postdoctoral fellow in applied economics at the Institute of Science, believes that the e-commerce platform will be promulgated in the draft of the e-commerce law, which stipulates that the e-commerce platform and the operators in the platform bear joint and several liability.
Pan and Lin said that before the "E-commerce Law" was officially promulgated, the e-commerce platform should strictly follow the provisions of the "Consumer Rights Protection Law", "Torture Liability Law" and other laws and regulations, and strictly check the fake goods on the platform. Phenomenon. For example, carry out the necessary identity review, improve the prevention and control of counterfeit goods, the mechanism of the knockoffs, etc.
At the same time, Article 44, paragraph 2, of the Consumer Protection Law stipulates more clearly that 'the network trading platform provider knows or should know that the seller or service provider uses its platform to infringe the legitimate rights and interests of consumers, and fails to take necessary measures. , and the seller or the service provider shall be jointly and severally liable according to law ' .
For the 'knowing or knowing', the Beijing Higher People's Court issued the "Beijing Higher People's Court on the Guidelines for the Handling of Internet Intellectual Property Cases" Article 26 has detailed provisions: including the alleged infringement transaction information on the website Home, column homepage or other obvious visible location; the rights holder's notice is sufficient for the platform service provider to know that the alleged infringing transaction information or transaction behavior is transmitted or implemented through its network service; selling or providing well-known goods or services at a clearly unreasonable price .
From the point of view of the founder of the fight, it is clear that there is a knock-off of the platform but ignores the intellectual property law, trademark law and other laws and regulations, infringing the legitimate rights and interests of other manufacturers, and should bear joint and several liability. ' Pan and Lin said.
At the interview, the head of the network supervision department of the State Administration of Market Supervision stressed that it is necessary to correctly treat media supervision and consumer complaints, face up to the problem, not shirk responsibility for any reason, condone and support counterfeit infringers, and actively cooperate with all localities. Investigate and inspect the market supervision departments at all levels, carefully find out the problems existing in them, earnestly assume the responsibility of the main body of the platform, and make inferences and intensifications. Strengthen self-examination and self-correction of other illegal business operations such as single-selling letters in the platform. These all point to one road- A lot of spells must be filled with the platform responsibility.