Brand packaging is not a self-soldable commodity
There is no ambiguity in law or in practice as to the responsibility of the electrician platform to proactively examine and stop abuses in the sale of siphons and siphons on electric power platforms。
But is it legal for a merchant to sell parts of a toilet on an electric power platform, such as bottles of wine with anti-perception chips, caps with anti-perjury codes and bags with toilet markings? At the seminar, the deputy secretary-general and deputy director-general of the sichuan provincial market supervisory authority, zhao fai, stated that the electro-professional platform should effectively discharge its platform responsibilities in the face of abuses against well-known brand interests, further undermining its intellectual property-related compliance and cooperation obligations, in particular its proactive scrutiny, information provision and assistance in enforcement。
At the seminar, xie huiyang, senior public prosecutor of the third department of the people's procuratorate of the sichuan free trade zone, stated that the sale of trademarked accessories on the platform might help to create forgery, refurbish old mobile phones, etc. Xie huiyang further explained that “brand packaging is not a commodity that can be sold independently. No matter how much (packaging) the manufacturer has agreed upon, it should be handed over to the brand owner and not sold on the platform alone.”
In fact, well-known brands of packaging such as apples, grain fluids and pedagogues have been sold publicly on various electric power platforms. Xie huiyang's presentation: “we have sent risk tips to a number of electrician platforms, some of which have been very active and others have not been processed in a timely manner.”
Xie huiyang also presented a new model of “fake” on the electric power platform, the “ai fake” of the amazon. “for example, it is much more efficient than the manual comparison of law enforcement officials to conduct a global analysis of a good and millions of the same types of commodities on the platform and to directly screen for possible counterfeit commodities on the entire platform.”
There is a high rate of settlement and withdrawal, and the internet industry prefers “to be and to be”
At the seminar, yang zheng, a part-time researcher of the sichuan copyright association, on behalf of the sichuan provincial centre for the study of intellectual property development and the sichuan provincial copyright association, published the report on the internet platform intellectual property litigation (2025): evolution of the situation. The report shows the status of civil disputes in ten well-known scientific and technological enterprises, which show a general probability of final success of less than 50 per cent in the case in question, and a dispute resolution model characterized by “high settlement of the case, win or lose”。
The report shows that the success rate of 10 scientific and technological enterprises in relevant civil cases is between 20 and 41 per cent, with a success rate of 40. 99 per cent for china and 36. 59 per cent for alibaba, followed by a byte rate of 33. 16 per cent and 32. 65 per cent, respectively, and no abnormality in the success rate。
In the proceedings involving these companies, weibo demonstrated a relatively good risk management capability, with the lowest rate of failure at 3. 84 per cent, as well as a low rate of failure at aribaba, oppo, overload, tumbling and byte。
Another important feature of the data on lawsuits by large technological enterprises is the high rate of settlement withdrawals — the “big factory” is more of a “gift and value”. The statistics show that 54. 54 per cent of the proceedings involving the 10 above-mentioned s & t enterprises resulted in “other and withdrawn claims”. Specifically, 75. 64 per cent of the microblogging cases ended with a settlement withdrawal, and the figures for oppo were 75. 04 per cent, followed by more than 63. 48 per cent and 55. 73 per cent, respectively, with ali baba. According to the report, enterprises can properly resolve disputes through diversified dispute resolution, taking into account, inter alia, the costs of litigation, time costs, risks to public opinion, and cooperative relationships。
According to the report, the overall decline in the number of cases, the increase in the rate of settlement withdrawals reflect the overall improvement in the judicial environment and the systematic upgrading of corporate legal strategies in the context of the digital age。
Zhao fai stated that large science and technology enterprises, while benefiting from the business opportunities and development dividends of the internet, had to face a wide range of responsibilities, cope with numerous legal disputes, and study in depth the intellectual property protection of large science and technology enterprises, which was of great importance in exploring the rules of digital economic development and the boundaries of platform governance。
