C2C online shopping platform or loss of safe harbor
when Jingdong mall, Dangdang, Suning and other B2C e-commerce companies touted by the market, the veteran C2C electronic business platform has suffered a crisis.
days ago, the Ministry of Commerce, Ministry of industry and other nine ministries jointly issued a notice requiring further crack down on Internet shopping infringement and counterfeiting, and asked the relevant departments of Zhejiang, Shanghai and other places to taobao.com, eachnet.com and pat Network to carry out self-examination, the rectification is not in place to strict treatment, or even stop their site access service and dns.
the principle of "safe harbor" to protect
"on further promoting the online shopping areas to combat IPR infringement and selling counterfeit and shoddy goods notice" actions are labeled as "urgent", in addition to the requirements of government departments thorough investigation, online shopping platform first responsibility was clear: to bear market organizers to "take responsibility, technical means of shielding IPR infringement and selling counterfeit and shoddy the commodity information, the establishment of a 24 hour online inspection system, the timely processing of illegal activities".
this shows that e-commerce has developed to a relatively mature stage, the state and the government to regulate the online shopping platform, so that e-commerce can be healthy, long-term and healthy development." Shanghai Allbright Lawyer Chen Bo to "IT times" reporter said. Just past April 25th, his agent of Yi Nian (Shanghai) Fashion Trading Co. Ltd. v. Taobao trademark infringement cases, just in Shanghai City Court of final appeal in favor of the seller and taobao.com are common infringement Panpei ten thousand yuan.
final ruling that Taobao know others to use its network services to implement trademark infringement, but did not take the necessary measures to condone the infringement, should bear joint and several liability. Chen Bo told reporters that this is the domestic trademark infringement prosecution, Taobao lost the first time.
management department and the court of online shopping platform for tort liability clear, it seems, has been used as a talisman of the internet safe haven principle, no longer so effective.
online shopping infringement has little effect on
for a long time, Taobao, pat, C2C online shopping platform, has been shrouded in "fake" and the question of infringement, although Taobao every year will start the "great in strength and impetus anti-counterfeiting campaign", but with little success.
up to the time, Taobao has more than 20 thousand sellers in the sale of clothing brand clothing, Chen Bo revealed. Clothing read stakeholders told reporters that the company’s sales model is very clear, proprietary stores or counters, no agents, but did not authorize anyone to sell online. From the beginning of 2006, the beginning of the book began to complain about Taobao’s network sellers selling pirated clothes, every working day complaints, up to a week, the sale of pirated clothing piracy link 1~2." This person is very helpless. For fakes, clothing read relatively fixed criteria: below the company’s lowest price discounts, style differences, the so-called