C2C Website Will Be Held Liable For Counterfeit Goods.

Not long ago, Beijing City investigated and dealt with many cases of Taobao shop owners selling counterfeit goods.

Many experts believe that the above signs indicate that online counterfeiting is becoming a major focus of network supervision.

Lawyer's viewpoint: supervision should start from the source.

Due to the cross regional characteristics of online pactions, many consumers find it difficult to find corresponding management complaints after buying fake products. It is hard to find complaints on C2C website, and consumers can only admit their bad luck.

Yu Guofu believes that although online pactions are carried out in Internet channels, they are actually real pactions.

According to the relevant provisions of the general principles of the civil law, the same civil liability should be taken for selling fake products online.

Can the online selling phenomenon be effectively supervised and controlled? Guo Fu has given a positive reply.

He believes that Internet trading is showing a trend of centralization, most of which are carried out on a few websites such as Taobao, eBay, pat and so on. As long as the supervision of these C2C platform websites is in place, the phenomenon of online counterfeit goods will be greatly curbed.

"As long as we control it at the source, we can solve the fake problem.

The key is how to control the source, "Yu Guofu said.

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Website connivance counterfeit will bear legal liability

It is worth noting that in the past cases of lawsuits caused by counterfeit goods, most of the consumers and manufacturers were defeated.

At the end of last year, Guangzhou announced ten major intellectual property cases, of which the German PUMA company sued the largest C2C website in China.

PUMA sued the website to provide services for a large number of counterfeit PUMA products, but the Guangzhou intermediate people's court heard that the Internet service providers could not censor the legality of the trademarks of the products sold by online shops because of the global extension of the network extension.

So the accusation against PUMA company is not supported.

There are many similar cases.

The controversy is whether the "exemption clause" of the Internet can become a cover for C2C website.

Yu Guofu believes that although there is a certain possibility of exemption from the C2C trading platform in the network paction link.

However, if the C2C website has connivance or is not handled promptly, it should bear the corresponding legal liability.

"If there is evidence that the C2C website is fully aware of fake information, it can win the website.

In addition, the C2C website recommends fake behavior, and it can also pursue its legal responsibility. "

Yu Guofu said.

According to the insiders, some C2C websites abuse their "exemption clauses" to cover themselves, indulge in the spread of counterfeit goods, and cause consumers' rights and interests to be infringed.

This phenomenon should arouse the vigilance of relevant departments.