Infringement And "Brush List" Are Available.
How far is the fraud on Taobao? From the data released by the General Administration of industry and commerce, we may have a glimpse of one or two.
In the second half of 2014, SAIC launched the "red shield sword special action" for the first time nationwide. During the operation, the whole system inspected 1 million 330 thousand websites (websites) and 190 thousand online shops (site), inspecting the website operators 190 thousand (Times), deleting 36 thousand illegal commodities information, ordering 14 thousand rectification websites, closing 2201 websites, investigating 7746 cases of illegal cases and 113 million yuan of fines. In the ten typical cases reported by the General Administration of industry and commerce, 5 of the illegal business owners are online shops of Taobao and Tmall.
In August 2014, the law enforcement officers of the industrial and commercial bureau of Nan'an District of Chongqing City searched and searched through the Internet, and found that the "Helen family" online shop opened by Wan Danxi on Taobao was suspected of selling goods that infringe the exclusive rights of registered trademarks. Subsequently, industrial and commercial law enforcement officers conducted on-site inspections of the actual operating places of the parties, and seized more than 380 items of clothing, scarves, slippers and so on, which were marked for sale by PRADA (Prada), CHANEL (Chanel), Zegna (Zegna) and BURBERRY (Bo Baili). These are the commodities that infringe upon the exclusive right of registered trademark of the obligee.
Some companies have launched the idea of "scalping". In July 9, 2014, the law enforcement officers of the Fuding trade and Industry Bureau of Fujian province inspected the Fuding city's network technology limited liability company in accordance with the law. It was found that the company asked the VIP distributors to brush their credit and distribute 2534 empty packages, so as to achieve the goal of searching for the same products in Taobao online and reaching the Taobao official activities quickly.
In the era of e-commerce, consumers are enjoying the cheap goods and fast service, and the fake products are also disturbing consumers. Counterfeiting and selling is not a new problem. Nowadays, with the help of network platform, it is becoming more and more serious.
Cao Lei, director and researcher of China Electronic Commerce Research Center, told an International Commercial Daily reporter that there are many reasons for the existence of counterfeit goods, and can not be eradicated by one's own power. It needs to be solved from four dimensions: government, e-commerce platform, business and consumers.
In Cao Lei's view, the government should do well in three aspects. First, we should improve relevant laws and regulations and make top-level design at the institutional level.
Second, we should strengthen coordination among various regulatory departments and form joint forces rather than separate their own affairs. "At present, China's actions against online selling involve many departments, such as the AQSIQ, the State Administration for Industry and commerce, the network supervisors, and the public security departments to cooperate with the public security departments. The work of banning independent websites is also related to the communications bureau of the Ministry of industry and Commerce. If feasible, it is better to set up a special group to attack or sell fake goods or liaison offices to coordinate and coordinate work. "
Third, we must break through the shackles of traditional working mechanisms and keep pace with the times. "Taking the business sector as an example, in the past, it was territorial management, which is more suitable for the traditional business format. In the era of e-commerce, online buyers, sellers, platforms, and even the warehouses for delivery belong to four places, and the amount involved is not large. Who will manage the problem of counterfeit goods? This needs to form a clear mechanism and a collaborative platform. Cao Leiru said.
There are three aspects of the work of electronic commerce platform that need to be refined. First, we should place good businesses in customs. In the past, the registration of electronic business platform was adopted, and the threshold was relatively low. "In 2014, Jingdong and Ju Mei had fake products exposed, and the authorization documents and customs declarations provided by the businesses involved were fake." Cao Lei said.
Second, do a good job in daily operation. Some illegal businesses declare things are true, but they sell them with fake products. "One true, nine fake, so we should strengthen the sampling inspection in daily operation." Cao Lei said.
Third, build a monitoring platform for consumers. There must be a mechanism to supervise, feedback and complain through users, and it can not be set too complicated. At the same time, there are some other penalties.
Turning to the solution of the business level, Cao Lei's tone showed frustration: "we can only appeal to businesses to abide by the law." There is no problem with big brands. The brand awareness and law-abiding consciousness of individual small sellers are worrying.
The last is user level. "We need to popularize some online shopping skills to identify fake products. Some people who are keen on online shopping have rich experience. Before shopping, they will observe the reputation of online stores, browse buyers' comments, compare online and offline prices, and counterfeit goods are always at a glance." Cao Lei said.
Alibaba's 2015 was a bad year. In the last week of January, less than half a year from Alibaba's listing in the United States, its share price suffered a setback. When the weekly drop was more than 13.6%, the market value evaporated about 37000000000 dollars, which was equivalent to a loss of Jingdong. Ma Yun's "Asia's richest man" chair was handed over to others. Today, Ali's dilemma is not yet over. Headed by Robbins Gayle law firm, a total of 7 law firms are ready to "attack" Ali. Behind all this is the beginning of the butterfly effect, which is a document less than 7000 words.
In January 28th, the State Administration for Industry and Commerce put the white paper on the administrative guidance of Alibaba group on its official website, pointing to the five major problems, namely, the existence of major entry controls, poor commodity information review, confusion in sales behavior management, lack of credit evaluation, and lax management of internal staff, and said, "in order not to affect the progress of the development of the Department before its listing, the forum was carried out in an internal closed form" and suddenly caused a great disturbance on both sides of the oceans.
Two days later, Zhang Mao, director general of the State Administration for Industry and commerce, met with Alibaba chairman Ma Yun. That night, a spokesman for the SAIC said that the documents issued by the SAIC website were not white papers. "The substance is the minutes of the administrative guidance symposium, which does not have legal effect". The response of the SAIC means that Alibaba has not withheld information from investors.
In February 14th, Alibaba Group actively disclosed that the securities and Exchange Commission recently sent a letter to Alibaba on the interaction between Ali and SAIC, asking about the background and other information about the matter. The letter clearly stated that the letter should not be interpreted as any error or violation of securities law by Alibaba.
So far, nothing remains to be done, and Ali is still uncertain.
In the overseas listing of enterprises, Ali's experience is not a special case. In August 2013, 4 law firms in the United States launched class action lawsuits, accusing Lanting Pavilion of making false and misleading statements. In September 2014, the Lanting Pavilion group announced a settlement of class action with $1 million 550 thousand.
In May 2014, jumei.com was listed on the NYSE, and in December of the same year, the United States lawsuits launched a class action lawsuit, accusing jumei.com of issuing a misleading statement to the investing public. In 2014, jumei.com's share price dropped from $39.45 a share to $12.7 per share, and its market value shrank by nearly 70%.
In the US, for example, its securities regulation has been known for its long history and rigour. As early as the beginning of twentieth Century, the US Congress passed the securities law of 1933 and the Securities Exchange Act of 1934 respectively, and established the securities and Exchange Commission in 1934, and began to supervise the securities market in a comprehensive way. Besides protecting information disclosure requirements, the protection of investors' interests is also the top priority.
Not only that, but many short sellers are also tempted by the temptation of huge profits. Listed company The natural "supervisor" has become an unscrupulous profiteer. Recalling the "grand occasion" of the North American capital market collectively in 2011, a hedge fund manager in New York once pointed out: "in that year, the only way to make investment in Chinese stocks is short selling."
Different legal systems, different regulatory categories, short developed institutions... Chinese enterprises intend to go abroad to market.
As the most dynamic economic cell, the development of small and micro enterprises affects the "nerves" of China's economy. When it comes to small and micro enterprises, the reporter immediately emerges four words in his mind: Alibaba.
Alibaba tags are numerous, not only the largest business platform in the world, but also the largest incubator base in the world, creating a platform for thousands of small and medium-sized entrepreneurs in China to compete with large enterprises. Today, millions of small and medium-sized enterprises are selling products on the platform of Alibaba. Over 300 million consumers are shopping on this platform, enjoying low price and speedy service. Financing, channels... Alibaba has provided opportunities for China's numerous start-ups in its own way, and the achievements achieved are obvious to all.
But this can not be a "shield" for Alibaba in the face of an endless supply of fakes.
with TaoBao For example. Some people say that Taobao built an online shopping mall. They only rent platforms. But people who really know Taobao know that Taobao also provides drainage services (apart from virtual quotient), which is a typical model of electric commercial competitive bidding. That is to say, whoever pays more money will have the chance to get the maximum amount of display. In this case, Taobao has in fact been deeply involved in the sale process of goods. From this point of view, Ma's so-called "fake products are not caused by Taobao, but Taobao can only recognize it" is untenable, Taobao is not innocent, and there is no reason to push the responsibility of supervision away.
Counterfeit goods Although making money, it is only fast money that has been made in the end. The vast majority of consumers are the source of Taobao's life and the God of "shopkeepers". If you can not eradicate the phenomenon of counterfeit goods, then Taobao will hurt the interests of the vast number of consumers, that is, overdraft consumers' trust in Taobao.
Fortunately, in the recent debate between Alibaba and SAIC on the fight against counterfeiting, Ma finally chose to shake hands with SAIC. On the other hand, Ma also took the initiative to interview Zhi Shuping, director general of the General Administration of quality supervision, inspection and quarantine. He said he would make full use of the advantages of big data and cloud computing capabilities and join hands with businesses, governments and all sectors of society in cracking down on counterfeiting. A few days ago, the "counterfeiting special warfare battalion" consisting of 300 people, which was founded by Taobao, began to operate and its scale is still expanding. I hope Alibaba will shoulder greater social responsibilities and not overdraft their own future.
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