The End Of E-Commerce Rules Should Take The Initiative To Attack

Tissot v. Gao Peng, Tissot v. Dangdang, Borghese v. Jingdong Mall...

Over the past two years, there has been an increasing number of "unauthorized" disputes between branding providers and e-commerce providers.

Reporters have previously pointed out that the next mystery of the electricity supplier: brand licensing.

Shortly after the publication of the article, Kark came to win the news of the show, adding new cases to this view.

Within one year, Ningbo Le Kark Fashion Co., Ltd. held two news conferences in Beijing.

In April 22, 2011,

At a news conference in Beijing, it was said that the sale of "cock" shoes was fake and shoddy products, and then the two websites were brought to court. In April 25, 2012, Yue Kark was awarded the judgment of the second intermediate people's Court of Beijing, and then a new news conference was announced to announce the good news.

Like Wang Hongchao, a lawyer at Beijing's Ming Tai law firm, this is a "meaningful decision".

Websites (especially B2C and group buying websites) also need to know how to avoid them.

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"This case tells the e-business website that it is necessary to retrieve the ownership of the trademark used in the investigation in China if it wants to defend the exemption. The simple contract and its terms and the examination of some authorized documents can not be defended at all times, especially in the face of well-known trademarks."

Wang Hongchao said.

However, the inspiration brought by Yue Kark's success is far more than that.

Revelation 1: electricity supplier hidden rules difficult to continue

"In China, we did not authorize Jingdong mall or Amazon to sell SWAROVSKI products.

At the same time, so far, no website has been authorized to sell SWAROVSKI products in China.

This is Shanghai.

A notice issued by trade limited in March 12th this year is directed at Jingdong mall.

The World Luxury Association subsequently reported that 38 international luxury brands, including Hermes and Chanel, said they had never authorized any Internet site in China to sell their products, and did not inspect and guarantee the quality of products sold by the Internet.

It is an open secret in the industry that the supply channel of luxury electric providers is chaotic.

These e-business websites are hard to get direct authorization from brand dealers, and can only be purchased through second-hand products or overseas purchasing.

Although the products obtained through these methods are basically genuine, the quality is exactly the same, but this obviously violates the channel policy of luxury goods enterprises. If all the brands are like "Kark", they will not escape the defendant's seat, whether they are known as luxury electric providers or stream department stores.

Happy Kark wins the show, seems to have announced the end of the electricity supplier's hidden rules.

Revelation 2: safeguarding rights requires active attack.

The fight against Internet infringement has become a difficult business problem for enterprises.

Kark, manager of marketing department of Ningbo music & amp; apparel Co. Ltd., Li Xin summed up the success as a word: take the initiative and do not wait for death.

"Kark himself has strong control ability. We communicate on the e-commerce platform, actively collect data on the website, fix the infringement facts in forensics, and use them as effective evidence, so as to enter the legal process."

However, Li Xin told reporters that he encountered many difficulties in a year's appeal.

"In April 2011, we went to the Shenzhen Shenzhen market supervision and Management Bureau Nanshan Branch to find more than 200 pairs of shoes that were pferred to the women's toilets in Shenzhen. However, in the process of checking, the other members of the company arrested Kark and his staff for illegal seizure, smashed the camera, searched all the belongings, and restricted personal freedom for 2 hours. Then, with the help of local public security departments in the province, they were able to get away and carry away the counterfeit goods."

For this reason, Wang Qiushi lawyer of Harbin Law Society suggests that when a brand enterprise is infringed upon, immediate notarization is a necessary choice.

Now the notary offices all over the country have "instant Notarization" business, and find relevant contents in the notary organs to open the infringing websites. The notary office will download relevant pages, collect evidence, and seal up evidence in time.

An enterprise can report directly to the trade and Industry Bureau, demanding fines and stopping the infringer's actions.

If the amount involved is very large and the amount is large, you can choose to report the criminal responsibility.

Revelation 3: the legal framework needs to be improved.

With the popularity of the Internet, internet infringement has become more and more popular. Many enterprises have exclaimed "long way to protect rights".

What is the root cause of this phenomenon? Lv Bowang, chief consultant and chief analyst of the consultancy, believes that the imperfection of the legal system in e-commerce is a "fatal wound" for many reasons.

As one of the parties to the dispute, Xiu Xiu also called on last year's statement: we hope that relevant departments of the state can establish and improve e-commerce laws as soon as possible, so that they can be named for the electricity supplier channel instead of being arbitrarily accused of "counterfeiting".

Lv Bowang believes that the first instance of the case of Kark's rights protection is to wake up the absence of the electronic commerce mechanism and supervision, instead of blindly pursuing profits and ignoring brand authorization.

"Of course, to build a healthy and orderly network environment, we can not rely solely on the enterprise itself, the four parts of legislation, judicature, corporate self-discipline and social consciousness constitute the rule of law framework for Internet regulatory management.

Only by legally ignoring the infringer, strengthening judicial strike, and fundamentally cultivating the spirit of self-discipline that people abide by the law and safeguard public morality, can the network economic environment be purified, so that people can enjoy the benefits brought by the Internet under the powerful legal protection.

Lv Bowang said.