2018 Ali Will Continue To Sell The Sellers To Pursue The Responsibility.

"Let the seller sell the pain!"

Following the appeal to the whole society, such as "control of fake goods like drunk driving", another action has been made in the face of the current situation of the low cost of counterfeiting and selling fake goods.

As the first domestic e-commerce platform to crack down on the sale of counterfeit goods by means of civil actions, the Alibaba annual report on intellectual property rights protection for Alibaba released in January 10th (hereinafter referred to as the "anti fake annual report") released in 2017, said that it would continue to sell the sellers in 2018.

The "anti fake annual report" mentioned that in 2017, Ali and the whole society made a historic breakthrough in the management of network fake goods and protection of knowledge products. Under the joint participation of law enforcement agencies, brand rights holders, consumers and other social sectors, the issue of online selling was significantly curbed.

But at the same time, the reality of the low cost of selling fake products has not been fundamentally changed.

There is a long way to go to eradicate fake commodities at the bottom of the line. Fake commodities are moving across borders and platforms. The counterfeit gangs are still rampant.

According to the world clothing shoes and hat net, "in 2018, Ali will continue to use all possible means to prosecute the seller and the seller at any cost, increase the cost of counterfeiting and selling, and let the counterfeiting and selling people lose their fortune."

"Fake annual report" released the scene, Alibaba chief platform governance officer Zheng Junfang said.

Icebreaking: the first case of Taobao counterfeiting

In January 10th, Alibaba released the "anti fake annual report". In the whole of 2017, 240 thousand suspected shops of Taobao infringement were closed. 97% of the suspected infringement links were blocked, and the total number of complaints against intellectual property rights decreased by 42% while the number of partners in cooperation with ALI increased by 17%. Only 1.49 of 10 thousand orders were suspected fake goods.

Behind the historic breakthroughs in online counterfeiting, it is the exploration of all sides of the United Arab League to break through barriers and try various means to fight against counterfeiting.

Since January 2017, the Alibaba platform management department launched the "pursuit of three thousand miles" project, Ali has brought civil litigation to the seller in 12 cases of the sale of counterfeit cases, and up to now, 12 cases have been filed.

In January 9, 2017, Taobao filed a complaint against a shop owner who sold fake SWAROVSKI watches to the people's Court of Longgang District of Shenzhen on the grounds of violating the agreement that the platform was not allowed to sell the goods and violated the goodwill of the platform. The claim was 1 million 400 thousand yuan.

The case is the first case in China.

The case of platform selling fake sellers has opened up the prelude to the sale of counterfeit goods by means of civil action.

Since then, Alibaba has initiated litigation in successive courts in Shanghai, Ningbo, Yiwu and other places, and filed a lawsuit against the newly established Hangzhou Internet court.

In March 8, 2017, Taobao, on the grounds of violating the terms of the sale and violation of the platform's reputation, went to court to sell Yao Ma, a fake Royal cat food, claiming 2 million 670 thousand yuan and asking him to make an apology publicly.

In July 20th, the people's Court of Fengxian District, Shanghai, made a first instance decision. After the court hearing, Yao believed that the sale of counterfeit goods in Taobao not only damaged the legitimate rights and interests of the obligee, but also reduced the trust of consumers to Taobao and the public's good evaluation of Taobao, and sentenced Yao to compensate Taobao for its losses and make a reasonable expenditure of 120 thousand yuan.

After obtaining compensation, Ali set up a special fund for consumer protection to support consumers in prosecuting those who sell fake products.

A few days ago, Taobao sued the businessman Yao Mou to sell the false Ma's Royal cat food case, and was awarded the ten civil administration case of the people's court in 2017, and was selected as the ten highest case of the "2017 promotion of the rule of law process" jointly organized by the supreme law and CCTV.

The Supreme People's court commented highly on the case: "filling the blank of such cases, providing a valuable reference for future trials of cases, playing a good exemplary role, promoting the healthy and long-term development of e-commerce platforms, and making clear the strength and determination of judicial fraud, which is conducive to consolidating the good social atmosphere of Qingqi and the obvious positive role of the judicial community and society."

"Ali's prosecution of the sales people on the platform identity shows his determination and social responsibility to prohibit counterfeit goods."

Liu Xiaochun, executive director of the Internet law research center of the Chinese Academy of Social Sciences, said that in the face of the social problem of counterfeiting and selling, apart from the attack by the platform itself, the government has perfected the social governance system and coordinated participation.

Alamusi, deputy director of the policy and Law Committee of the China Electronic Commerce Association, also believes that the adoption of a civil action to combat sales fraud by Ali is more of a revelation. He set an example to call for the participation of all parties in the community, improve the social governance system and solve the social ills of counterfeit goods.

Recovery: sellers will continue to sue for sale.

Ali's "fake annual report" said, "though"

"The first case of counterfeiting" has made a great breakthrough in judicial progress, but there is still a long way to go before we really realize the pain of selling the holiday.

"The difficulty of counterfeiting is still hard to counterfeit, and the cost of breaking the law is too low."

In January 10th, Zhu Zhengfu, vice chairman of the National Association of lawyers and the vice chairman of the National Lawyers Association, said that in general, compared with the developed countries such as the United States and Japan, China's penalty for selling fake criminals is too small, and the cost of crime is too low, which is the most important factor in the current social dilemma.

At the same time, in the new cases involving the Internet, there are different kinds of trial results in the same type of cases because of the unequal yardstick.

It is understood that at present, the first case of "Taobao's first fake case" declared by the first instance and Taobao's lawsuit against counterfeit Wuliangye sellers ended in Taobao's lawsuit. However, due to the loss of goodwill, it is difficult to give evidence, resulting in a small gap between the amount claimed and the amount of compensation awarded by the court.

"Compared to the amount of compensation, we are more concerned about the outcome of the litigation, sending signals to the society and the sellers, and calling on the parties to face up to the problem of counterfeit goods."

Alibaba group senior legal expert Zhang Yiwen said.

Zheng Junfang disclosed that in 2018, Ali will continue to prosecute the seller and the seller regardless of costs. In addition to the wholesale prosecution of the sellers, Ali will also join the rights holders, genuine sellers and consumers to make a closing attack, calling on all sides to carry out social co governance and promote the interconnection governance with judicial practice.

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