Gao Dekang: Strengthening The Protection Of Intellectual Property Rights In E-Commerce Is The Primary Task.

< p > in the development of e-commerce market, there are also various discordant phenomena.

According to the statistics of China Consumers' Association, in 2012, 20454 complaints of online shopping accounted for 52.4% of the sales service complaints, including product quality, network fraud, electricity price war, false promotion, improper after-sale service, personal information leakage and so on.

And in other reports of China Consumers' Association, we can see that the number of complaints about media shopping is far ahead of service complaints. As management and services lag behind the rapid growth of the online shopping market, the quality assurance of online shopping products and the promise of services will greatly test the healthy development of online shopping industry.

According to China's E-commerce Research Center released in early 2013, China's first electricity supplier < a href= "http://www.91se91.com/news/index_c.asp" > legal report < /a > --- "2011-2012 China e-commerce legal report" shows that in the electricity business disputes, the highest proportion of intellectual property rights disputes, accounting for up to 61.54%.

The infringement of intellectual property rights in e-commerce is mainly reflected in the following aspects: < /p >

< p > strong > 1, counterfeiting and selling, infringing trademark rights < /strong > /p >

At present, Internet counterfeit goods are rampant and Internet products are mixed up. The phenomenon of counterfeiting and shoddy goods being infringed on trademark rights in the field of online shopping has occurred in large numbers. P

The selling of the infringer has seriously affected the normal order of Internet shopping and the social and economic order, and damaged the a href= "http://www.91se91.com/news/index_c.asp" and the legitimate rights and interests of the trademark owners and consumers. It also runs counter to the requirements of the Scientific Outlook on Development and the construction of a harmonious society.

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< p > < strong > two, unauthorized use of intellectual achievements of the obligee, infringement of copyright < /strong > /p >

< p > there are still a large number of acts of copyright infringement in e-commerce. The most typical example is "piracy map", that is, the seller of the network does not use the consent of the obligee to use his or her own shop or the description of the goods without the consent of the owner.

These pictures, texts, videos and so on belong to the intellectual achievements of the obligee. The infringers use these information without the consent of the obligee, which constitutes a great damage to the interests of the obligee.

And it will seriously mislead consumers, making consumers mistaken that the shop sells products that are reflected in pictures or characters.

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< p > the intellectual property rights dilemma of online shopping is inevitable.

The issue of intellectual property rights has become an important issue affecting the healthy, sustained and healthy development of the e-commerce industry, and has been highly concerned by the NPC, the State Council and its ministries.

In the e-commerce development plan 12th Five-Year, the Ministry of industry and Commerce proposed that by 2015, the e-commerce system should be basically sound, and a safe, credible and standardized network business environment should be initially formed.

In December 27, 2013, the finance and Economic Commission of the National People's Congress formally launched the legislative work of e-commerce. In January 26, 2014, the SAIC promulgated the "Regulations on the management of Internet pactions", and stipulated the < a href= "http://www.91se91.com/news/index_c.asp" > rule /a, which should be followed in the Internet commodity trading market.

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< p > < strong > the following suggestions are made for the infringement of intellectual property rights in e-commerce market: < /strong > /p >

< p > 1. Administrative organs should strengthen the supervision of the electronic commerce industry. Special administrative organs should be appointed or specialized organizations should be established to coordinate and coordinate the work of coordination.

At present, 90% of the annual volume of e-commerce pactions in China is in the form of C2C, which is engaged in B2C pactions. A large number of pactions are separated from the existing laws, and there are serious lack of supervision and absence of law enforcement.

At present, there are many regulatory departments in China's Electronic Commerce (such as the national development and Reform Commission, the Ministry of industry and commerce, the Ministry of Commerce, the State Administration for Industry and commerce, the State Administration of Taxation, etc.), with frequent policies, the policies and management measures promulgated by various departments often overlap, inconsistent, inconsistent or even contradictory.

This has caused great difficulties to the supervision of the electricity supplier industry.

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< p > two, we should increase the obligation of electronic commerce platform to examine prior contents of intellectual property rights.

First, the electronic commerce platform should strengthen the examination of user identity.

If a network user claims to be a well-known brand network agent or authorizing business, the electronic business platform should ask him to provide relevant supporting documents and verify the authenticity of the document to the obligee. If the information is false, the electronic business platform should prohibit the user from entering the electronic business platform.

Secondly, the electronic commerce platform should also strengthen the examination of commodity information under specific circumstances.

For instance, the fact that knowledge is less than a href= "http://www.91se91.com/news/index_c.asp" and "property right popularity" /a is extremely high, and the fact that accused of infringing products is very obvious.

For example, the infringement information is on the front page of the website, other main pages or other locations that can be clearly seen by the electricity supplier platform, and the electronic business platform has made special recommendation or arrangement for the infringement information.

The electronic commerce platform should take the initiative to review the commodity information without having to wait for the right person's complaint notification to be reprocessed.

If the electricity supplier platform fails to perform its obligations before review, it should be jointly and severally liable to the obligee with the infringer.

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< p > three, law enforcement departments should increase penalties for infringement of intellectual property rights.

All law enforcement departments should, in accordance with their respective functional requirements, promptly check and clean up infringing acts of intellectual property rights, and strictly investigate and punish them according to the forms and degrees of infringement, and increase the intensity of punishment, and timely pfer criminal offences to public security organs.

We should cut off the interest chain between e-commerce platform and local government departments, put an end to local protectionism, clean up "umbrella", and seriously deal with the subjects involved in infringement of intellectual property rights, and will never tolerate it.

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< p > four, e-commerce platform should be set up to actively cooperate with intellectual property infringement investigation mechanism.

On the one hand, after receiving complaints from the obligee, the e-commerce platform should be screened and replied by the special departments and personnel in the shortest time. If the seller constitutes infringement, the e-commerce platform should carry out effective and thorough handling of the infringement information in the shortest time. If it does not constitute infringement, it should also make reasonable explanations to the obligee. On the other hand, the e-commerce platform should actively cooperate with the supervision and inspection of the law enforcement department.

After receiving the notification from the law enforcement departments of industry and commerce, public security, etc., that the electronic commerce platform should provide information about the identity or operation information of the alleged infringer, a green channel should be opened for the law enforcement departments to provide relevant information to the relevant law enforcement departments in a timely manner.

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< p > five, the Supreme People's court should issue a judicial interpretation of the Tort Liability Act.

If the thirty-sixth section of the tort liability law stipulates that network users and network service providers use the Internet to infringe upon the civil rights and interests of others, they should bear tort liability. However, the procedures for handling violations and the standard of liability bearing have not been clearly stipulated.

Therefore, for the application of the thirty-sixth articles of the intellectual property law, a more operational and enforceable judicial interpretation should be issued by the supreme law.

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< p > six, the court shall unify the trial standards for infringement cases of intellectual property rights in e-commerce.

At present, < a href= "http://www.91se91.com/news/index_c.asp" > e-commerce disputes < /a >, the number of cases of intellectual property disputes is far higher than contract disputes, unfair competition disputes and other cases.

Due to the lag of legislation and the imperfection of law, courts at all levels often have great disputes in the process of hearing intellectual property cases in e-commerce.

The most controversial case is disputes involving third party e-commerce platforms.

The Supreme People's Court of Beijing promulgated in December 2012 the first special case of the court's first trial of intellectual property cases in electronic commerce, "answers to several questions on the trial of electronic commerce infringement on intellectual property disputes", which will effectively regulate the courts at all levels in Beijing to hear the infringement of intellectual property disputes in e-commerce. However, due to the differences in economic development and trial habits, the Supreme Court should issue a unified standard for e-commerce infringement cases.

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