Ten Days After The Incident, We Will See The Implications Of The Dispute Between Taobao And SAIC.

A public event with eye effects, but no harm to Ali.

　　 Ali A sudden battle with the SAIC touches the global nerves. American lawyers have actively accused Ali and Wall Street short sellers to echo each other and let the shares of Ali sell tens of billions of dollars. In fact, in a country where the law is overdeveloped in the United States, litigation has become a business. There is no need to worry about Ali's bankruptcy.

Mr. Ye Fan pointed out that Alibaba -- well, people in the United States called Baba prospectus clearly indicated:

"Accusation or accusation against Ali platform selling counterfeit products or infringing on copyright and other products has been and will probably happen later" (Alibaba said in its IPO prospectus that there were allegations in in, IPO, IPO, prospectus).

"We have also been and may continue to be accused or accused of participating in such illegal activities" (We also have been and may continue to be subject to subject), "the first and the second".

When it comes to this part, you can't talk about Alibaba - no, Baba - not disclosing the real information of the company. As for the evidence from the SAIC's "white paper", it may be more harmful to the plaintiff.

The origin of the story is known to all. The results of the commodity surveillance released by the Ministry of Commerce and Industry Supervision Bureau said that the rate of Taobao's genuine products was only 37%. Taobao, who was deeply shocked by it, then took the lead by the official micro-blog in the voice of "a post-80s Taobao operation Xiao 2". The official website of SAIC counterattacked in 24 hours, announces that the white paper, which is alleged to have 5 major failures in quality review, was made in the first few months of Baba's listing (July 2014), and seriously stated that the SAIC did not publish the white paper immediately to take care of Ali's listing. Ali seems to be ungrateful. Taobao official Bo said he would complain to the General Administration of industry and Commerce of Liu, who had begun to disclose the inside story of Liu director in various media. Once the situation was upgraded, it was a turning point. Zhang Mao, director general of Ma and SAIC, had a cordial and friendly meeting soon, and he was in charge of cracking down on piracy. SAIC has withdrawn the "white paper" not only on the official website, but also declared that the internal document, which is actually the minutes of the meeting, has no legal effect.

A conciliation seems to have left both sides to abandon their previous grievances. But the essence of this fierce friction is a public event, which will not only bring far-reaching influence to Ali and SAIC, but also affect and open the new stage of Internet economy into development and supervision.

　 Analysis of responsibilities and scales of supervision

The dispute between Ali and SAIC is the fact that only 37% of Taobao's net quality is detected in the sampling results. Taobao has questioned Liu's enforcement and procedural violations.

A well-known fact is that China's Internet is progressing from hardware and software infrastructure to legal environment. This is not only reflected in the improvement of Internet speed and network penetration rate, but also in the improvement of the level of Internet intellectual property protection. Taobao's intellectual property protection level and business environment can not go against the trend and background. Besides, Taobao has been trying hard to improve its internal business environment since its establishment in more than 10 years. With the fact that the US government has removed Taobao from the key monitoring list and allowed the Baba to be listed in the United States, the international community's recognition of Ali's progress is obviously acceptable. In addition, only a month or more before the sampling inspection (December 11, 2014), the same network inspection department for the 207 batches of products, the sampling rate of unqualified is only 3.6%.

Regardless of the basic cognition of the current electricity supplier's status or from the general knowledge of statistics, the SAIC's unqualified data up to 63% exceeded the scope of scientific explanation.

The sampling process cannot be restored. I would also like to conclude that the sampling procedure is fair. The reason why the sampling results exceed the normal range mainly lies in the fact that the sampling inspection is based on "non certified products" as a check standard instead of a genuine product, which has never been a legal term.

According to the interpretation of the network supervisor, non authentic products include fake and shoddy products, refurbished products, and unauthorized formal channels. The contents are inconsistent with the publicity, without 3C certification, not authentic official products in the mainland of China, and are not in conformity with the requirements of "general labels for consumer products, cosmetics, labels, cosmetics, etc.".

There are many problems in using such a broad definition of non certified products as a spot check standard, because by such standards, "non genuine" includes a very large scope, and even includes products that are legitimate and beneficial to consumers.

For example, apple is prohibited from jailbreaking, but jailbreak and jailbreak services are not illegal in China, and are also in line with the interests of many consumers. Apple's official accessories such as earphones and mobile phone sets are quite expensive, while many domestic unofficial parts are of excellent quality but only a fraction of the official accessories. Many original accessories, printer cartridges and other accessories do not have much technical content but the selling price is quite high, and many of the legitimate third party brand accessories are much more expensive than the original ones. These products can be regarded as "non genuine" by the standards of non official production.

So what is the meaning of the "bad quality" that is beneficial to consumers, regardless of the circumstances? Is this conflict with the NDRC's application of the anti-monopoly law to combat the abuse of the auto brand authorization sales system to raise the spare parts and vehicle policy?

The test results released by the Internet supervision department show that the 4 famous brands of Lego sold by Taobao shop are "3C free". These products are legally produced but only without 3C certification. Even if they are responsible, they should be borne by Lego instead of Taobao. Indeed, many manufacturers specify authorized dealers, but the producers can only restrict the third party from buying the goods directly from the originating party (producers), but can not restrict the free sale of the legitimate goods from the outside. The trademark law only stipulates any provisions on the trade mark itself but not on the sales channels. According to common sense, the commodities that infringe trademark rights can be accurately classified. However, in the test results, there are many descriptions of the products sold by multiple electronic business platforms, such as "unqualified labels" and "inconsistent labels". Here, we do not know the difference between "unqualified" and "inconsistent", and we do not know what the relationship between labels and trademark infringement is.

The quality of sampling is the responsibility and responsibility of the industry and Commerce Department. Law enforcement agencies need to exercise the necessary discretion in law enforcement. It is worth noting that the basic principles of administrative law include administration according to law and reasonable administration. The principle of reasonable administration requires administrative action not only within the limits prescribed by law, but also fair and equitable, in line with legislative and authorized purposes. According to the principle of reasonable administration (or the principle of proportionality), the discretion of the law enforcement personnel should be rational and limited by necessity and Appropriateness. The business sector has the right and obligation to strengthen supervision. However, through what channels, in what way and in intensity, supervision should be within a reasonable scope. At present, the most serious damage to consumers' interests is counterfeit and shoddy commodities. The supervision of commodity quality should also focus on consumers' safety and health, which are most concerned by consumers, and the most serious violations of rights and market order. These are urgent tasks.

Putting the limited regulatory resources to the "unauthentic" which is not clear and the scope is too large can not strike the infringer accurately, nor can it maximize the interests of consumers.

　 Ali really needs to worry about the Taobao ecosystem.

Success can also become a burden, and Ali, who is standing on the peak of market value, wears a heavy laurel crown imperceptibly. Whether or not admitted, Ali is deeply afraid of being kidnapped by the leader's identity, and has been strongly reacted under the stimulus.

It is unrealistic to let Taobao assume responsibility for all fakes. Taobao as a third party platform SKU (commodity category) up to several billion, even the electricity supplier ranked second Jingdong SKU is only about 30 million, basically Taobao one percent. Not only is the quantity and variety of goods extremely large, but it leads to highly difficult supervision, and Taobao will also face the problem of high degree of complexity caused by the legal situation of commodities. The integrity of commodity packaging is visible, and the status of rights is often dynamic and invisible. The license does not need to be registered, and the copyright is automatically generated from the completion of the work. A mobile terminal may contain hundreds of thousands of patent technologies, which are still in the dynamic process that may be transferred, licensed, pledged or even invalid.

It is neither appropriate nor legal basis for Taobao to assume the responsibility of judicial or law enforcement agencies as a third party platform. But this sampling controversy has revealed the underlying problem of Taobao ecosystem. The economic reference daily disclosed that at present, about 6000000 Taobao sellers earn less than 300 thousand, accounting for only 5%; former Alibaba integrity founder Lu Zhiyin said in 2013 that Taobao shop 80% was losing money and 10% was flat, making real money only 10%. Even according to the latter set of data, Taobao stores generally lose money is inevitable. On the other hand, China's e-commerce research center accounted for 96.5% of the C2C retail market share in December 2013. The official data released by Baba's earnings report was 26 billion 179 million yuan in the single quarter of 2014 at the end of 2014, and the net profit was 5 billion 983 million yuan.

Ali is profitable and solid, but the high profit of the platform and the large loss of the shop are hard to sustain for a long time. Ma Yun thinks that once the ecosystem is completed and improved, it can generate powerful self repair function. The Internet ecosystem is the most effective place to solve the fake goods problem. Jack Ma The point of view is very reasonable, but according to the current Taobao, the problem is Taobao ecosystem is not perfect, of course, it can not rely on Taobao to complete their own evolution. Ali intends to tilt the policy toward Tmall in order to optimize the ecological environment, but Taobao can not replace any platform in the foreseeable future. Improving Taobao's ecology is a fundamental problem that Ali cannot evade.

At the beginning of the 3Q war, Tencent was forced to release two winners. When the penguin regiment was attacked by 360 attacks and besieged by monopolistic disputes, it was difficult. But Ma Huateng used the crisis to rebuild the concept of competition and management mechanism, and finally WeChat was regenerated at the mobile end. The defects of Taobao ecosystem may erupt under all kinds of events, so there is no need to think too much about the supervision dispute. We should seize the time to adjust the ecology before the next crisis.

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