E-Commerce Channel To Be Optimized
"Nearly 50% of the complaints received by Taobao owners last year were based on channel management rather than infringement."
Yu Siying, vice president of the Alibaba group, said in an expert seminar on intellectual property protection in the field of e-commerce in March 12th.
In recent years, with the popularity of e-commerce in China,
Brand dealer
Disputes between e-commerce websites and "infringement" occur frequently.
In 2011, Tissot accused the dangsu watch that it was not a genuine product. It said, "no authorized sale of any online shopping mall. Please go to the Tissot franchise store to purchase genuine sky shuttle."
Dangdang CEO Li Guoqing (micro-blog) responded by acknowledges that it had not been authorized, but the goods came from regular channels and were genuine.
In this regard, Yu Siying explained that traditional economic models use regional distribution, and e-commerce can only break the differences between regions and time in order to achieve rapid dissemination and paction.
Therefore, some regional agents, distributors, and even the general agents in China, take the fight against infringement as the banner, actually restrict free competition, so as to maintain monopolistic market prices and protect their own economic interests.
Wang Bin, director of the mediation center of the Internet Industry Association of China Internet association, said that such cases had been found in the previous research, and the online businesses complained by the infringer showed the purchase bills of regular channels, and the complaint party was brought to court.
"When the monopolistic rights holders want to manage the channel, they will always ask for all the channels to stop when they want to manage their rights." he said, "he got the monopoly sales," Wang Bin said. "Therefore, the optimization of the legal channels may be the normal mechanism to be solved in the next stage, rather than that the notification received is deleted."
Copyright Administration Department of the State Copyright Administration
Xu Chao, the former deputy director, said that Internet service providers were required to examine the infringement notices, which in fact increased the cost of Internet service providers.
Wang Bin suggested that we should add an anti notification mechanism in the "Notification deletion" process to give the complainant the opportunity to appeal.
Participants said that the principle of protecting intellectual property rights should respect the principle of reciprocity between rights and obligations, prevent abuse of rights by rights holders, restrict free competition and monopoly of market prices. This is also a factor to balance intellectual property rights and promote healthy development of the market.
"Some people believe that the disputes arising from the intellectual property rights in the process of e-commerce are the result of the lax supervision of the e-commerce operation platform.
In fact, to avoid such disputes, it is not enough to rely solely on the supervision and management of the e-commerce operation platform, which requires the concerted efforts of all sectors of society.
Yu Siying said, "as of now, Taobao has done a lot of work on intellectual property rights.
From January to June this year, Taobao handled 47 million pieces of goods infringing intellectual property rights. Among them, in the first quarter of this year, only 25 million of the related information was handled in Taobao's action on counterfeiting and infringement of intellectual property rights.
Yu Si Ying
It is suggested that all parties should jointly design a mechanism to classify and manage intellectual property disputes on online shopping platforms according to their different nature, and carry out procedures docking with different government departments or social organizations.
Only in this way can we gradually solve this problem fundamentally, fully protect the rights and interests of consumers, and promote the win-win relationship between intellectual property rights holders and e-commerce industry.
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