Internet Platform To Improve Regulatory Electricity Providers Are Wearing "Magic Spell"

The draft amendment to the Patent Law promulgated by the Legislative Affairs Office of the State Council stipulates that if a provider of a network service provider knows that his network user infringes on a patent or counterfeit a patent, he fails to take timely measures such as deleting, shielding, breaking the link of infringing products, and so on, and is jointly and severally liable to the user.

The draft also makes clear that for a deliberate infringement of patent rights, the court may, according to the circumstances, scale and consequences of the infringement, determine the amount of compensation that is more than three times the amount of compensation, with a maximum of 5 million yuan.

However, the draft is still in the stage of solicitation, and it is still a long time away from the real implementation.

Prior to that, SAIC issued the "opinions on strengthening and standardizing the quality inspection of network dealers", stipulates that the provincial commerce and Industry Department of the third party trading platform operator is responsible for organizing spot checks on the commodities sold on the platform.

If the third party trading platform operators can not provide the real name, address and effective contact method of the consumers of the network products, they shall be liable for compensation.

This means that the rights of consumers online shopping products are no longer limited to sellers, but are jointly and severally liable by the platform.

Zhao Zhanling believes that the Legislative Affairs Office of the State Council announced

The implementation of the revised draft is subject to repeated certification. However, it is urgent to strengthen the supervision of the electronic business platform. This is definitely the important direction for the next phase of the regulatory authorities.

Zhao Zhanling, a well-known IT and intellectual property lawyer, said in an interview with reporters that this regulation is mainly aimed at platform Internet Co, such as Taobao, Tmall,

Non proprietary business and so on.

It is limited to products infringing patents, with limited coverage and limited influence.

For example, the most common online shop selling counterfeit goods, it infringes the brand.

Rather than a patent right.

Zhao Zhanling believes that the competent authorities also need to introduce corresponding judicial interpretations, otherwise it is difficult to form a unified judgment standard for tort.

"The introduction of this regulation will certainly have a deterrent effect on irregularities, but the corresponding rights protection process should also be simplified, and the user's patent infringement is difficult to assess professionally."

This is indeed the case.

Not only is it difficult for users to distinguish the true and false information of websites, it is easy to be induced to buy, and the electronic business platform itself is also faced with management problems.

"All along, we have very clear regulations and regulations on the management of the sellers," he said.

However, for infringement of patent, we need to strengthen judgement and enhance professional ability.

Regulatory authorities to strengthen supervision will also help clean up the electricity supplier industry. "

This year's double eleven, Tmall set a record of 91 billion 200 million yuan sales.

Subsequently, CCTV exposed the false "brush up" behavior including Taobao and other electronic business platforms. The industry speculated that this may imply that the regulatory authorities will carry out strict rectification of the e-commerce platform.

At present, the supervision in the field of electricity business is mainly focused on two aspects, namely, protecting consumers' rights and interests and sellers' legitimate operation. The regulation of the electronic business platform and the improvement of the relationship between the electricity supplier and the seller of the platform need to be further improved.