although e-commerce is the hill, but there are also a few should not dabble in the minefield, this paper inventory of electric commercial big minefield.
/ world network operators invited author Zhang Yanlai
recently, a Taobao shop owner long carry cosmetics entry sales purchase from abroad of duty-free shops and undeclared, suspected of smuggling and sentenced to 11 years in the case to give attention. To think of the past few years more and more frequently heard network operators pay huge compensation to jail or news, have to say although e-commerce is the mountain, but there are also a few should not dabble in the minefield, the author sums up here, and in accordance with legal liability may face and both cases were frequent degree rating.
minefield 1: network sale of counterfeit brand-name products
index: high-risk minefield assumes
considering the national situation crackdown and the current high incidence of cases, high-risk minefield sale of counterfeit brand-name products index network for five stars.
"near the famous" long-standing in our country, after the advent of e-commerce, a variety of "near the famous" fake information seems to be once more, in fact, this is only the line on the reflection of online piracy. However, due to easy to find online infringement information, and transaction records and earnings have many records, so as to give more and more in the network sale of counterfeit brand-name products sentenced. Especially since 2010, the three consecutive year the government launched a crackdown on IPR infringement and selling counterfeit and shoddy goods, many network operators chained and thrown into prison crime against the wind.
Dongguan Xiemou online sales of counterfeit "ochir1y" (Ou Shili) brand clothing, selling a total amount of up to more than 67 yuan. June 2012, Dongguan City Second People’s court to sell counterfeit registered trademarks of goods crime, sentenced to imprisonment in three years and six months, and fined $350 thousand.
"criminal law" article 213rd: unregistered trademark owner’s permission to use the same kind of goods is identical with the registered trademark trademark, if the circumstances are serious, three years imprisonment or criminal detention, or impose a fine; if the circumstances are especially serious, more than three years of fixed-term imprisonment of seven years. Fine.
the standard: one of the following circumstances, which belongs to the "criminal law" provisions of article 213rd of the "serious", should be the crime of counterfeiting registered trademarks and sentenced to three years imprisonment or criminal detention, or impose a fine:
(a) the amount of illegal business in more than fifty thousand yuan or the amount of illegal income of more than thirty thousand yuan; (two) more than two kinds of counterfeit registered trademark, the amount of illegal business in more than thirty thousand yuan or the amount of illegal income of more than twenty thousand yuan; (three) other serious circumstances.
is one of the following circumstances