July 1st, the "Interim Measures for the administration of online commodity trading and related services" (hereinafter referred to as the "measures") will be formally implemented. This new e-commerce regulations for the first time clear, providing network commodity trading platform operators have assumed responsibility for maintaining the order of the network market, the first responsible person. Many companies and consumers believe that the "measures" introduced to network fake law, to curb the trend of the spread of fake network. However, the way to protect the rights and interests of enterprises and consumers in the actual, the industry still has a number of questions, the need for more relevant regulations issued by the management.
question one: the right person to produce what evidence?
according to the "measures" the provisions of article twenty-fourth, the operators to provide online trading platform service shall take necessary measures to protect the exclusive right of registered trademark, enterprise name right, acts of unfair competition, evidence that the behavior of online trading platform operators within the implementation of the infringement of its registered trademark exclusive right and enterprise name right or damage the legitimate rights and interests of the rights of people, should be in accordance with the "tort liability law" to take the necessary measures.
in this regard, insiders believe that "the right people have evidence, this evidence in the end should be specific to what extent? Website operators have no power to review the evidence? Or after the audit site feel lack of evidence, do not ignore? After this continuous coverage of Avene said Taobao online store sales without brand authorized Avene products, Taobao will provide the allegedly infringing products off the shelf and the alleged infringement of store information, but Avene and Taobao repeatedly unsuccessful negotiations. According to the measures, Taobao must provide evidence in conjunction with corporate rights, and provide relevant information in Avene. But if the industry questioned, Avene may still failed.
question two: why the punishment is not clear?
reporter also heard such a case, there are companies to find their trademark was a shop on Taobao, theft of a part of the pattern, causing great misleading to consumers. After negotiations with Taobao, Taobao attitude is very tough, said the shop only used a part of the combination of trademarks, they do not think it is a violation of trademark rights. In this case, the approach also did not mention, if Taobao is not required for the enterprise, Taobao will have any corresponding punishment. In the end, we have some punishment measures, there are some people in the legal profession believe that the twenty-four should be in accordance with the tort liability act to take the necessary measures in the specific measures are not clear.
has proposed to solve Taobao would solve most of the problem of fake "network fake company founder Huang Xiangru told reporters, although the" measures "is designed for network fake people introduced, and many problems Taobao is now finally representations of the law," but the "measures" stipulated in the Taobao platform if the consumer rights or the brand’s rights, it must provide information on the open shop, but does not require it if you do not provide will bear what responsibility? Or not according to the terms of this." This >