SAIC and Ali fight against the network and selling to comrades rather than the enemy

SAIC and Alibaba once strained relations, U.S. firms launched a class action on Alibaba, because the "fake online shopping". So, in foreign countries, is selling the electronic business platform, the platform will face the legal consequences of what, what kind of legal liability?
Foreign platform to take more responsibility
"Because of the legal system of different countries, the problem of counterfeit goods processing means are not the same. As in the United States, involving fake felony, businesses or platforms shunned; in Europe, settled in the business of selling platform may be jointly and severally liable." special researcher at the research center of China University of Political Science and Law intellectual property Li Junhui said.
According to Li Junhui introduced in the United States, for the control and prevention of counterfeit goods, mainly rely on the rights of appeal rights, competition supervision mechanism, social fake consumer rights organizations and three party institutions. Because the United States is the typical case law, in the lawsuit to the court, for the penalty and the determination of the electronic business platform selling fake history the traditional areas of business and selling decision will become an important reference to the trial court. However, the specific case in the end will be how to, depends entirely on the judge. As of 2004 Tiffany v. eBay, Tiffany believes that most of the sales on the eBay website claiming to be "Tiffany" diamond products basically are fake, these products violated Tiffany's trademark rights, harm the consumers. But the New York Federal District Court judge Sullivan has pointed out in the decision that eBay should not for these products The trademark infringement is responsible, because when Tiffany informed the eBay site has these fake, eBay promptly deleted items.
Although the United States is the case law of the country, it also has a lot of written law, the fight against counterfeit goods related to Li Junhui, including the "Consumer Product Safety Act" "trademark law > > > anti-counterfeiting method of intellectual property law enacted in 1984. Among them," U.S. trademark counterfeiting Act > and 1994 through "sanctions against illegal criminals and Law Enforcement Act > increased law enforcement efforts. Such as the United States" trademark protection law > regulations, deliberately engaged in goods and services and selling fake goods, will be sentenced to imprisonment for criminal penalties of up to 10 years and the highest or $2 million per person and collective $5 million in fines for repeat offenders will be sentenced to imprisonment of up to 10 years of criminal punishment or a person and a $5 million fine.
In fact, due to the different stages of development, the social credit system is perfect, whether individuals or enterprises, or business, or pay more attention to the integrity of all credit. Therefore, American businesses or business platform are fake, "fear" shunned. "Li Junhui said earlier this year, WAL-MART has been involved in" fake "scandal in the United States, despite the victory in the final of the lawsuit, but seriously affected the reputation of the company. And the largest C2C business platform eBay commitment, if buy fake but not the seller compensation, then eBay will give consumers a full refund.
"But, undeniable, the governance of counterfeit goods is indeed a global problem." Li Junhui said that in Europe, eBay business platform selling fake products, eBay in many decisions were sentenced to bear joint liability. Therefore, brand manufacturers are very keen to sue eBay. in Europe
In 2007, L'OREAL in the UK, France, Germany, Spain, Belgium in 5 European countries sued eBay, eBay said there are a lot of websites selling counterfeit L'OREAL products, and eBay failed to effectively prevent this type of incident. Two years of litigation, until January 2014 to reconciliation between the two parties in the end. In addition, for the eBay platform business the sale of counterfeit goods, the well-known luxury brand Hennessy - Louis Weedon group (LVMH) and eBay has initiated many protracted litigation.
In 2008, LVMH sued eBay in France said the latter site has a large number of sales of brands of counterfeit products, involving brands including Louis Vuitton and Louis Weedon Christian, Dior Dior, Givenchy and Geurlain Guerlain Givenchy.EBay LVMH was sentenced to compensation of 38 million 500 thousand euros, then the two sides have appeal to eBay were mitigated, eventually, the two sides reached a settlement on the selling of litigation.
From these cases can be found, whether in the United States or Europe, the governance of counterfeit goods is more dependent on the rights of people spontaneously rights. Li Junhui said, this is suitable for the judicial system, social supervision and market competition, but may not be suitable for all countries.
The fake parties need to force
Compared to foreign counterfeiting mode, Li Junhui said, because the national condition and system present situation, the domestic governance to combat counterfeit goods, the government alone is not enough, only Taobao business platform is not realistic.
He said, from the legislative point of view, the tort liability law, consumer protection law and other laws, regulations on the electricity supplier platform settled merchants selling the required legal liability is defined. From the perspective of tort liability, settled merchants selling fake Taobao business platform may be on the business of trademark infringement, patent or copyright people assume joint responsibility. First, the "notice concerning fake but the shelf is not timely to bear joint liability. The tort liability law thirty-sixth paragraph second, Internet users use the network services implemented infringement, the infringer is entitled to notify the network service provider to delete, shielding, broken links and other necessary measures. After receiving the notification service provider fails to take necessary measures, jointly and severally liable for damage to expand with the network user. Secondly, knowing the business and selling blind need to undertake joint liability. Invasion The right liability law third thirty-sixth also provides that the network service provider knows that the network users to use their network services against other civil rights and interests, has not taken the necessary measures, and the network users to take joint responsibility.
From the perspective of consumer protection, for the settled merchants selling fake products, against the legitimate rights and interests of consumers, Taobao business platform to bear multiple responsibility. Li Junhui said that the mismanagement of compensation obligations. The consumer protection law provisions of article forty-fourth, damage the legitimate rights and interests of consumers, the real name network trading platform provider can not provide sellers or service, address and valid contact information, consumers can also claim compensation to the online trading platform provider. The second is the business platform tort liability. The consumer protection law provisions of article forty-fourth, the online trading platform provider knows or should know the sellers or service providers to use its platform against the legitimate rights and interests of consumers, did not take the necessary measures. In accordance with the law with the seller or service provider shall bear joint liability.
"In the current state to call" public entrepreneurship, innovation under the new normal ", only to strengthen the protection of intellectual property rights, strong governance counterfeit infringement, in order to give public entrepreneurship and innovation space or cleaning out the stage." Li Junhui pointed out that in the fight against counterfeit infringing goods before the state Administration for Industry and Commerce and other administrative law enforcement agencies and Taobao business platform is indeed the "comrades", rather than "the enemy", looking forward to the two sides together off the strong fake storm come as early as possible. (source: Intellectual Property News reporter: Dou Xinying)