Intellectual property protection in the country is committed to today, with Chinese e-commerce market expanded, and it still be able to shared the fakes as before in order to tolerate the proliferation louis vuitton wallet of Bao Tai Du, Er and law relating to deprivation and Quanlimohu, who in turn to make up and clarify?

July 15, 2006, Shanghai Xiangyang Lu market closed just over two weeks.

A 22-year-old Army Zhejiang guy (not his real name) sits just to upgrade the “Samsung” LCD ago, one leg resting on the table to buy a new computer, face quite easily.

Just five minutes ago, A military personal by Taobao’s a shop selling the LV canvas bags, priced at 135 yuan. As a tacit understanding between buyer and seller, bargain, quick. A military is on, with the network, which is fast, secure transactions and relatively subtle way, he did saved a lot of thought. At least, he no longer deal with the business sector, spot checks and be afraid.

“Those reduced by fighting in the streets, and walking a fine sly, they are behind the times.” A little pride on the military, “Well,” said.

Big shift

A Army’s “glorious” is in February 2006, when the note “Xiangyang Lu world famous for selling counterfeit goods will be turned off before the end of June,” the news, he Xiangyang Road market traders eager to sell to seize the psychological initiative attack to 20? 100 ranging from unit price, number of acquisitions and a large number of fake designer clothes and bags, and Taobao in their online shop on the increase 2? 3 times sales.

With sufficient supplies, coupled with previously accumulated sales network and client resources, military Ah earned nearly stage pours, and risk coefficients to zero.

“I insist on a principle, not to sell counterfeit electronic products, light clothing and purses to sell, the buyer is to map a vanity, but also real ones, cheap prices, not liable to reduce their complaints credibility.” Albanian Army Famen relish their making money.

A military field in the business circle, like him, “foresee” finally.

“Whether we are or who buy our stuff, we all know the demands of each point where the real world transaction costs increase, we will transfer to the network, and has been with people easily.” A military said.

In recent years, increased emphasis on intellectual property rights and protection, the drafting of a large number of copyright, patent and trademark laws, and “Viagra” patent disputes, infringement of Chinese companies sue Starbucks victory for foreign companies in China confidence in IPR protection.

LV, CHANEL and other world brands have also strike out, they played the “rights card”, Beijing and Shanghai Silk Street, louis vuitton wallet Road market and become their target.

June 7, Silk Street, and Louis Vuitton, Prada, Adidas and other famous international brand manufacturers signed an agreement that, if we find the selling of goods infringing intellectual property rights, have to take measures to suspend business for rectification or termination of The lease contract, a move by the European Trade Commissioner Peter Mandelson praised.

Shanghai is also the end of June 2006 to close Xiangyang Road market, while before, a large silent shift has started, the real world, the Arab-Israeli military had blocked the sights Taobao, eBay and other new “safe haven” . Where they display their fist will be the new battleground.

The new battlefield

May 26, 2006, Taobao and Alipay has announced the latest deal shows that Taobao’s turnover in the first quarter totaled 3.0 billion, in May to a single-day turnover of up to 47 million yuan, registered users has grown to 20.5 million. Allegedly, the single-day sales of more than a Wal-Mart stores in China, sales of all combined.

This is 47 million yuan in turnover, at least in part, Arab forces were a “masterpiece”, but how many is difficult to have precise data.

At quarter past three p.m. on the June 9, Taobao’s search bar enter “LV bag”, a total of 5526 results, most of which prices of goods up and down a few hundred dollars, while the real price of as little LV bag thousands, then tens of thousands more, the proliferation of counterfeit goods on Taobao degree of self-evident. According to the British “Financial Times” published an article saying the Japanese brand sold on the Internet for more than half are fakes, some of the world’s top brand names, the estimated annual loss of up to 4.3 billion U.S. dollars, therefore.

Than offline transactions, online transactions have a unique advantage.

On the one hand, online transactions regardless of time constraints, many online merchants have no fixed shop, just a warehouse or stacked goods at home. If more goods, they can apply to open an online store, just a month to pay a management fee, Taobao and other sites and even “free” to attract more business settled.

The Argentine army were selling on eBay is the intersection of the cost of handling, generally as long as ten dollars, and even saved the publicity costs. So they hang 24 hours on the Internet, Taobao, eBay and other major shopping sites have their own stores, full use of network facilities for their “small treasuries” building blocks.

A military a friend, light a virtual store by Taobao, one month can earn more than 30,000 yuan, the original He also six, Qi Cheng of goods sold in the shop under the net, and now the remaining three to four percent, also peremptorily children to put on-line selling.

“Well,” found that, compared to net under vigorous human rights movement, the world’s largest network of fake brand attitude towards the company is uncertain. LV PR Chuang Jie told, “Well”, LV companies have to disclose any information.

Only a small part of the company has taken proactive action, in February 2006, eBay on-line self-styled “king of the century shoes” sell fake Nike shoes Zhuangmou, was Nike’s appeal, compensation 60,000 yuan. Adidas and other brands are also in order to avoid the cost of expensive anti-counterfeiting, simply set up shop in Taobao.

Compared with the convenience of Internet selling fake products, fake evidence network difficulties, high cost is a grim reality.

“As the online business, shopping, special, some online company’s name, the seller, address, telephone, house number may be false, and many online transactions or remote provinces and the city of transactions, the relevant departments of the online e-stores and e- shopping centers is very limited supervision. because of the difficulty of evidence, case acceptance and is very difficult to investigate violations, activists so there is disorder. “Shanghai have handling partner at law firm, the network said law experts to build more just.

Government departments have also been concerned about the transactions on the network: in April 2006, the Shanghai Putuo District Business law enforcement officers seized two small shops and selling through the network, while created a hubbub of “online Xiangyang Lu market”, also be the investigation, but the site in the field by constantly changing the form of registration to open, increasing the cost of enforcement of industrial and commercial sectors.

“As the various functional departments of local government responsibility for the network platform boundary awareness and enforcement capacity of different network counterfeiting difficult.” Commercial construction has just said.

Whose responsibility

According to China Internet Network Information Center, the latest statistics report shows that 49.2% of Internet users regularly or have time to visit the shopping site; 37.8% of Internet users in the last year have been online shopping experience.

In the next year, plans the proportion of online shopping will reach 58%, while the number of Internet users will surge to 120 million? 150 million, to create this atmosphere of China E-Commerce impressive side.

However, because of all the immature e-commerce in China and lack of integrity, relative to the real world, the network that the virtual world of the blind spot is still fake.

To build more just that the main problem facing China’s e-commerce is the subject of rights and responsibilities of the main problems is not clear. Compared with the traditional trading patterns, e-commerce transactions and transactions in addition to the two sides but also involves trading platform service providers, telecommunications service providers, certification bodies, banks and other kinds of service providers.

In the commercial building just seems more complicated because trading patterns, trading participants are also more, to define their position in the transaction and shall assume the rights and obligations of the more difficult. Currently our law for the parties rights and obligations, the division of responsibility has no specific provision, the e-commerce transaction in the subject of rights, the responsibility clearly on the subject not to be a prominent legal issues.

In fact, even the U.S. giant auction site ebay, fake face flooding problems. U.S. jeweler TiffanyCo on ebay site this year because of counterfeit Tiffany brand jewelry trade last straw on ebay proceedings.

In this context, Taobao, without exception, such as online trading platform, launched the exemption clause, and its attitude to the spread of counterfeit goods, “to support the protection of intellectual property rights,” “burden of proof report was immediately removed.”

But commercial construction has just reminded that the exemption clause is actually the site supervision duties as shift manager of intellectual property rights holders. The problem is not the right person for sale on the Internet every day to millions of items for authentication. So the design is too absolute exemption clause will become a kind of irresponsible to shirk obligations, did not help solve the problem, only make it more complicated.

Shanghai Industry and Commerce Deputy Director of Trademark Regulatory Chen Zuyao that, as a site host who should be responsible. “Like to open a shopping center, there is no check on the vendors to review, he sold counterfeit products in the market, as the organizer of shopping malls, you can say no responsibility? I think as the site host and organizer of the shopping center, nature almost. ”

The question is, how network operators should bear the responsibility?

To build more just that, Taobao, eBay online trading platforms such regulation should be entrusted with certain obligations to protect the legitimate interests of intellectual property rights. However, this obligation should be a form of prior review and ex post facto the obligation to assist, in particular: the transaction before the need to review the status of registered ID information, copy of business license, clearly rule out defective merchandise, contact registered users etc.; to receive after the complainant’s claims, timely removal of the infringing products on the network and to prevent destruction of evidence of registration ID, providing upload’s online information such as IP addresses, Internet and so on.

Perhaps in the early development of electronic commerce, trading fake people on the network also have a trace of the phenomenon of tolerance, but with the further expansion of this market, the original “Zhang a blind eye” business model can Also as usual, sustain?

October 20, 2005, Taobao announced in Beijing, from now on, Taobao will continue to be free of charge for three years. Alibaba also announced an additional 1 billion yuan on Taobao investment, to further promote the development of Chinese e-commerce violent and Taobao in the next three years through personal online trading, to the Chinese community to create one million jobs.

Only, hidden in the back of one million job opportunities, but also how many intellectual property disputes?

Chen Zuyao stressed that the world’s brands as a trademark right holders, should take a more proactive attitude. “I found my mark merchandise in your website at a very low louis vuitton wallet price sale of counterfeit and other acts of infringement, as the company first proposed, to protect their rights, to the court and hold responsibility for the site.”