The “two-xity” shopping season is under way, with the emergence of a number of “explosive” commodities from major electric operators. The same electrician platform, the same original “explosive money”, the same picture and the commodity details page, have very different prices, and what is their quality
Recently, a consumer indicated that she had purchased in a store the same “explosive money” as a former women's dress shop, and that the description of the commodity was the same as that of the original commodity, but when the commodity arrived, she found that “the clothes were of poor quality”
Nandu journalists randomly selected several original women's shops on the electrician platform and selected their “explosive” commodities for search with the platform, and found a large number of model images displayed by the shop, similar to those of the original women's shop. The customer's service at the relevant original women's dress shop indicates that the goods are sold only through the under-secretary, “those are pirated, different fabrics, and each price is a penny”。
According to the presentation of the relevant electrician platform, unauthorized use of photographs of others in publicly displayed information is a violation of the right to identity. Some shopkeepers told nandu journalists that complaints to the platform have become more difficult this year than before, and that “they continue to be used since then”. It indicated that model maps of shops were even stolen and sold in small quantities, and that sales of shop clothes were seriously threatened. However, when he complained, many of them were shown to be “failed” and the stolen clothes could continue to hang。
“same paragraph” is different: low-priced “piracy” is widespread and consumers are prone to confusion
The same electrician platform, the same “original” women's dress, has very different quality
During the “two eleventh” promotion, consumers indicated that she had seen a dress in a red-coloured shop because she found it more expensive to buy cheaper “same money” on the same platform, and that the picture was identical to the original commodity. However, when the goods arrived, she found that “the clothes were of poor quality and the layout was very different from the picture”
In recent days, nandu journalists have randomly selected original women's shops with high numbers of fans and sales on the electrician platform, and have selected their “explosive” products for search with the platform, and have found a large number of model images of the shop, similar to those of the original women's shop。
In the case of a well-known original women's dress shop, nandu journalists searched a picture of the shop's hot-priced dress on their electrician platform and found that there were a number of shops selling “same money” and directly used model pictures of the women's shop. Nandu journalists noted that the dress price was $179 and the sales price for other shops was only around $70。
Asked if it had been sold by the original women's dress shop, a customer's service from one of the shops stated that “it is not clear to anyone else that the small shop products are self-produced”. When nandu journalists further asked where the model picture of the shop came from, the client was simply saying, “no comparison with other homes, but the clothes must be the same as models”
The client's service at the original women's dress shop indicated that the goods were sold only through the under-the- signature shop, “all of which carry our pictures, the goods are pirated, the fabric is different, and the price is one to one”。
In addition, nandu journalists noted that the shop's commodity detail page showed that the commodity had been approved as an original protection platform for the electrician platform and that “the preservation of intellectual property rights such as modeling of the shop, copyrights, trademarks, etc. Would be strengthened throughout the network, and any form of abuser would be subject to a rights-based attack that would not be limited to complaints, legal proceedings, etc.”
According to the electrician platform, the unauthorized use of images of others in publicly displayed information by businesses is a violation of the law. Theft is a copyright infringement without the permission of the copyright owner。
Not all merchants will remain unmistakable as they are. Nandu journalists noted that some of the “frozens” shops had some processing of the original images, such as dropping the text of the original picture from the p and horizontal imaging of the original picture. In addition, the shop “theft map” will undergo some changes in the title of the commodity。
The same applies to other original shops. In a photo search, nandu journalists found that traders would target multiple best-selling products from one of the original vendors on the platform and steal their entire propaganda picture, while their commodity prices were about half the original price。
"bullets" business: 20-30 million dollars a year using cheap fabric and crafts
A businessman told the nandu journalist that the shoplifter was known within the industry as a rat. “similar to the game of playing a mole, from one hole to another. Some of them can make $20 million a year."
On an electrician platform, a shopkeeper who had been running a men's dress shop for several years, lith, alias, told nandu journalists that stolen maps were often in the form of shop sales. They tend to move model drawings and even shop details together and then use cheaper fabrics or cheaper processes to make them for lower prices, thereby attracting customers. In his view, the theft of low-priced, low-quality products in the shop risked undermining the legitimate interests of consumers。
In the case of the shop, for example, the price of an explosive man's shirt is $30, and the store is worth 100,000 plus. After a mapping search using models from the shop, nandu journalists found that the shop had removed all the model videos, model maps and baby details of the shirt. Of these, the price of the shirt was $9. 9 and the monthly sales were 3,000+。
In fact, the act of “piracy” is clearly defined in the electrical platform. For example, it was pointed out that thefts violated article 35 of the regulation of market regulation and non-compliance of the zooing network, which provided for the improper use of the rights of others, i. E. The seller's publication of goods or information suspected of the improper use of the rights of others to trademarks, copyrights, patents, etc., or of causing undue competition. In many cases, intellectual property complaints include violations of copyright。
With regard to penalties, it indicated that, once a complaint of theft had been filed, measures could be taken, depending on the gravity of the case, to remove the goods, remove the relevant information from the shop, restrict the publication of the goods, monitor the accounts, and seize the accounts。
So, why is there a pattern of piracy? According to counsel, in general, there is no obligation of ex ante attention to the act of “piracy” on the part of the electronics platform. “unless the electronics platform obtains a direct benefit from the violation or helps or induces the violation, it may be deemed to have facilitated the violation.”
The lawyer also noted that the act of piracy was low-cost and profitable for the perpetrators. Even when businesses are reported and found to have violated their rights, they are generally required to remove photographs and reduce their weight in terms of platform penalties, but are not required to pay financial compensation. Generally speaking, “the punishment is lighter”。
In addition, there is a cost in filing a complaint by a thief, who may be left out if his sales are not high and do not affect the normal business of the original seller. The guest clothes of an original women's dress shop indicated to the nandu journalist that there had been a complaint against the shopkeeper, but that “it was not possible to report”。
According to the above-mentioned counsel, more merchants would argue that being “breached” would help to increase their own brand profile。
Unsolved advocacy dilemma: some of the stolen goods are still on hold after complaints are made
In case of theft, how can a business defend its rights? Nandu journalists consulted the rules of the electrician platform and found that the platform had a well-established complaints channel and an intellectual property protection platform for such acts. However, according to commercial sources, the success of complaints remains unknown。
When you enter a specified page, the vendor can enter a commodity link to file a complaint. Businesses bear the burden of proof, and the information required includes commodity links, reasons for reporting, original evidence maps, proof flowers/sets, model documents, location of thefts, etc. According to the electrician platform, complaints will be processed within three to five working days。
In addition to “back-up” measures, such as the handling of complaints, there is a platform that has set up a “start-up photo” protection programme to reduce the damage caused to original photo users by misappropriation from the source。
In case of theft, lith's shop chooses to complain to the platform. He indicated that complaints through original maps were more difficult to pass, often through original protection platforms. The uploading of pictures to this platform at the time of the first take-up of the costume can result in an exclusive start-up code, equivalent to a “small patent”. Other shoplifts can be followed by complaints through this first issue code。
However, rees noted that since 2021, the complaint has become more difficult and that “the complaint continues to be used”. He states that model maps of the shop were even stolen by many shops and sold in low volumes, and that the sale of the shop clothing was seriously threatened. However, when he complained, many of them were shown to be “failed” and the stolen clothes could continue to hang。
Nandu journalists learned that, in addition to the “pittles” inside the platform, cross-platforms were not uncommon. In such cases, it is more difficult to defend the rights of “breached” businesses, and there are also those who seek redress。
At the beginning of 2021, mr. Sun, the shopkeeper of jiangsu's network, discovered that he had taken pictures of the entire store's shelf, which had been stolen by a shop in another electrician's platform, suspected that the shopkeeper had “finished” his own shop, which showed a monthly sales volume of over 9,000, thus calculating the sales to over 2 million yuan. Mr. Sun reported the other party to the know-how market supervisory authority, which opened an investigation on suspicion of violating the anti-improper competition act and the trademarks act。
According to the managing director, the behaviour of the shoplifter affected a fair and orderly competition order, creating a certain amount of misled consumer behaviour that constituted a “missment” under the anti-improper competition act and decided to impose a fine of $50,000 on the shoplifter。
Numerous vendors have expressed their desire to have a coordinated handling mechanism for major electric power stations, as well as greater surveillance by the regulatory authorities to curb shop raids and fund thefts that disrupt the normal competitive order of the market。
Script: nandu reporter wu jia ling yang tian ji, intern zhang manwon
