There is no need to be afraid of merchants being blackmailed! Alibaba declares war on malicious complaints about black industry

　　In order to harass and extort Taobao merchants, they made false complaints, maliciously registered brands such as NIKE, and even forged the "WeChat" trademark certificate and Ma Huateng's signature! Alibaba has issued a ban on these "intellectual gangsters"!

　　Alibaba banned the "intellectual gangsters" for the first time, declaring war on malicious complaints to the black industry forged WeChat trademark registration certificates and Ma Huateng's signature, snatched the NIKE trademark complaints the official flagship store, and established a false brand official website to complain about merchants' infringement... Behind this kind of Li Gui complaint Li Kui-style farce is the loss of more than one million Taobao merchants per year, as well as the black industry that many "intellectual gangsters" use to make profits. On February 7, Alibaba issued a ban order for the first time to maliciously complain, harass and extort online sellers, deciding that the entire platform would stop accepting any complaints initiated by Hangzhou Netwei Technology Co., Ltd., and called on brand rights holders to terminate their cooperation with the company.

　　Through intentional false statements, forged certificates and malicious trademark registration, malicious intellectual property agency has initiated a large number of false complaints against legal merchants, resulting in the removal of goods from the shelves and even the forced closing of stores by merchants, and the normal operations of more than one million Taobao sellers have been seriously affected. Under the manipulation of some dealers, such companies have become black tools for dealers to privately conspire to crack down on their opponents, using the complaint mechanism to achieve channel and price control, and realizing the distribution of benefits under hidden operations. At the same time, a large number of "intellectual gangsters" also used this to coerce merchants to collect protection fees.

　　The ban order represents Alibaba officially declared war on the black industry represented by "Hangzhou Net Guard". According to statistics from Alibaba Platform Governance Department, in 2016, Alibaba Platform found a total of 5,862 rights holders with malicious complaints, and nearly 1.03 million merchants and more than 6 million product links suffered malicious complaints, causing sellers to lose 107 million yuan. Brand rights parties including NIKE were maliciously registered, and even the "WeChat" trademark certificate and Ma Huateng's signature were forged to achieve the harassment and extortion of Li Gui complaining about Li Kui.

　　This is the first case in China to declare war on malicious complaints publicly. Liu Xiaochun, executive director of the Internet Rule of Law Research Center of China Youth Political Academy, believes that when malicious complaints reach a considerable level of harm, the complainant should be held accountable for administrative and criminal liability.

　　The thug "net guard" makes illegal profits

　　The attention to "Hangzhou Netwei" originated from a complaint in July 2016. "Net Guard" accused a Taobao seller of women's clothing stolen pictures of a domestic brand. Since "Netwei" has a brand official authorization, in accordance with the "Notice-Delete" rules that are common at home and abroad, the anti-counterfeiting waiters immediately deal with relevant merchants and products.

　　The merchants who were punished later took out evidence to appeal, proving that the store pictures were original shot. After repeated investigations and verifications, the platform decided to revoke the penalty. However, repeated removal and removal of the shelves, deletion and recovery have also wiped out the previously accumulated evaluation and sales records, causing serious damage to the merchant's reputation.

　　Since then, Alibaba’s Platform Governance Department has received many complaints from merchants, all of which are pointing to “network guards”. By rolling back the big data, the anti-counterfeiting waiter found that "Net Guard" has complained about thousands of sellers on the platform, involving hundreds of brands such as women's clothing, sports shoes, cosmetics, and household appliances. Since 2015, after the complaint of "Net Guard" was filed by the seller, the "actively withdrawing the complaint rate exceeded 60%, far exceeding the normal value.

　　Further data analysis shows that "Netwei" also initiated counterfeit complaints against many sports brand merchants, and it was eventually verified that it was under the manipulation of some dealers, using the complaint mechanism to crack down on foreign merchants of interest alliances. At that time, many merchants who were complained also found Yuan, the head of "Net Guard". After paying privately, he said that he could change the "counterfeit goods complaint" to "film stolen complaint". "Net Guard" has actually become a black tool for some dealers to conspire to crack down on their opponents, and has taken the opportunity to blackmail merchants.

　　Experts call for malicious complaints to make illegal profits

　　Alibaba Platform Governance Department disclosed that the total number of malicious complaints currently account for 24% of the total number of intellectual property protection complaints. Most of the malicious complaints come from various "intellectual rogue" companies similar to "network guards".

　　In 2015, malicious complaints affected the platform's product volume by 150% and exceeded 2 million, and soared to 6 million in 2016. The complaints of most malicious agents are less than 10%.

　　The purpose of intellectual property protection is to encourage innovation, maintain market fairness and stimulate market vitality, which is a protection barrier for brands, merchants and markets; while "intellectual property rogue companies" maliciously use this mechanism to parasitize a large number of legal merchants, causing losses to merchants and brands, they also occupy a large amount of human and material investment in the waste platform for protecting intellectual property rights, which is a serious damage to the fair order of the market.

　　Liu Xiaochun, executive director of the Internet Rule of Law Research Center of China Youth Political Academy, analyzed that the notice-deletion mechanism required by law to establish an e-commerce platform is to protect the right holders who are legitimately protecting their rights. If there is evidence that it is a malicious complaint rather than a legitimate protection of rights, then the platform has the right to refuse. She also called on the other hand that in addition to establishing a blacklist system for "self-rescue", supporting plans should be formulated as soon as possible, including the threshold setting of qualification notices (complaints), legal identification of malicious complaints, remedy regulations on losses caused by malicious complaints, and corresponding platform exemption measures, etc., even when malicious complaints reach a considerable degree of harm, it is recommended to hold the complainant accountable for administrative and criminal liability.

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