Cross-platform theft of pictures and shop rights protection is difficult to highlight the governance of the "depression", experts call for the joint construction of a collaborative governance mechanism _ Shenzhen News Network

In recent years, The rapid development of China's e-commerce platform and the improvement of the e-commerce industry have become increasingly perfect, but the rise of new technologies, new application scenarios and new business models is often accompanied by the emergence of various new issues in technology ethics, intellectual property rights and legal applications. E-commerce platforms have emerged a large number of cross-platform theft of merchants' original explosive product pictures, they through the theft of product pictures and even copy the original store page information and product qualification certificates, so that consumers are confused, mistakenly think that it is the regular original store authenticity, in fact, it is shoddy low prices to induce consumers to buy high imitation of the same model, fake goods, the implementation of malicious unfair competition. Small and medium-sized micro and medium-sized businesses that have been stolen and copied stores often face the dilemma of no way to complain and difficult to protect their rights. To this end, on December 15, China Industry and Commerce Publishing House organized a seminar on the regulation and anti-unfair competition of the e-commerce industry in Shenzhen, which invited relevant experts and scholars, market supervision departments, consumer rights protection organizations and businesses and other relevant industry figures to discuss how to standardize and govern online counterfeiting behaviors such as pirated pictures and shops, and explore governance models conducive to the benign development of the market. China Consumer Association: For those who repeatedly steal pictures and copy stores, they should strengthen civil, administrative, and criminal accountability and the traditional model of selling fakes directly post fake trademarks, the difference is that this kind of malicious competition behavior of pirated pictures and copying stores is more secretive, consumers can not identify at a glance whether the goods they buy are fake, see the stolen same picture, often mistakenly think that it is genuine, resulting in consumers being deceived. E-commerce industry stealing shop behavior regulation and anti-unfair competition seminar site "the essence of online store theft is not for pictures, but to obtain more trading opportunities, pirated pictures merchants are often selling fake and shoddy goods, which is a new type of counterfeit selling behavior. Zhang Dezhi, director of the Consumer Supervision Department of the China Consumers Association, believes that the behavior of "stealing pictures and copying stores" seriously infringes on consumers' right to know and the right to fair trade, and even constitutes fraud against consumers. He appealed that for such phenomena, law enforcement departments should take a multi-pronged approach, and those who repeatedly steal pictures and copy shops should be held civil, administrative and criminally held accountable, fully protect the rights and interests of consumers and the innovation and creation of small and medium-sized businesses, and promote the standardization and development of the consumer market. In the face of the current situation of cross-platform "pirated pictures and shops" to protect their rights, this year, market supervision departments in many parts of the country have filed cases to investigate and punish cross-platform pirated map merchants who have malicious competition: In June, the Jiangsu Changshu Municipal Market Supervision and Administration Bureau investigated and dealt with the country's first case of unfair competition in online stores with cross-platform pirated maps, and fined a social e-commerce platform store that stole the shelves of Tmall merchants as a whole for violating the Unfair Competition Law; in mid-October, The Keqiao Market Supervision and Administration Bureau in Shaoxing, Zhejiang Province, fined a social e-commerce platform online store that stole the hot curtain pictures and product pages of Tmall stores. At the end of October, the Taiyuan Municipal Market Supervision and Administration Bureau in Shanxi Province, after receiving a report, also imposed a fine of 105,000 yuan on a furniture store on a social e-commerce platform that stole pictures. A number of market supervision cadres attending the meeting believe that from the perspective of the illegal motive and the objective effect of the illegal behavior, the essence of the online store theft is to obtain the opportunity for unfair competition, although the objective effect of the illegal behavior has the characteristics of infringing multiple rights and interests, but the most significant feature is still the infringement of the fair trading order of the market. At the seminar on market supervision departments: multi-party joint management and increased penalties, the Institute of Wisdom Supervision and Social Co-governance of China Industry and Commerce Publishing House and the Internet Rule of Law Research Center of the University of Chinese Academy of Social Sciences released the "Research Report on the Governance of Unfair Competition in the E-commerce Industry". The research report shows that the complaint mechanism and channel for "pirated maps" on some platforms are not smooth, and the original protection mechanism is not perfect, it is recommended that the regulatory authorities take the lead in establishing a cross-platform rights protection and unfair competition supervision mechanism to help merchants grow better and orderly, and protect good businesses that are truly original. Merchants in the story of the difference between the original and pirated counterfeit goods to strengthen the protection of original merchants, not only conducive to reducing the "pirated pictures copy shop" behavior, but also stimulate the business innovation momentum. Huang Can, assistant dean and professor of the School of Management of Zhejiang University, took the Alibaba original protection plan as an example, and he found in years of follow-up research that the average sales of the goods that joined the plan in half a year were nearly 30,000 yuan higher than those of the goods that did not participate in the original protection plan, and the stores participating in the original protection plan, the turnover growth of goods was more significant, "Original goods obviously have stronger vitality, Ali's original protection plan has played an important role in protection, which is of great help to the development and innovation of small and medium-sized businesses." Yang Hongfeng, a first-level inspector of the Price Supervision and Inspection and Anti-Unfair Competition Bureau of the State Administration for Market Regulation, said that the State Administration recently issued a draft of the "Provisions on Prohibiting Unfair Competition on the Internet" for comment, which comprehensively detailed the provisions and regulatory requirements for anti-unfair competition in the network field, provided a strong institutional foundation for the fairness and justice of Internet competition behavior, encouraged and supported innovation from the root, and maintained the market order of fair competition. To solve the commercial problems in the Internet field and purify the network market environment, it is necessary for many parties to grasp and manage together, and the major e-commerce platforms should actively act to improve the level of compliance capabilities, smooth the complaint handling mechanism, increase the inspection and management of the platform for stealing pictures and copying stores, and consolidate the responsibility of platform governance for conniving or even shielding pirated pictures and copying stores. Where acts of unfair competition such as counterfeiting and confusion are constituted, the market supervision and management organs should increase the intensity of supervision and jointly create a fair and orderly order of online competition. (The original title is "Cross-platform pirated pictures and shops are difficult to protect rights highlight the governance "depression" Experts call for the joint construction of a collaborative governance mechanism") window. 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