In recent years, with the development of the Internet, Internet companies have flourished and become the main force in the commercial market. However, no matter how powerful a company is, it cannot be separated from market supervision. In May 2016, the death of college student Wei Zexi triggered a collective discussion on "search bidding ranking". It was not until July 4 that the State Administration for Industry and Commerce issued the "Interim Measures for the Management of Internet Advertising" that the discussion came to an end.
In 2015, the State Administration for Industry and Commerce and Alibaba were in a war of words. Although the matter was over, what was the specific situation? What details are there? In Phoenix TV's exclusive interview with Zhang Mao, director of the State Administration for Industry and Commerce , Zhang Mao responded to the situation at that time for the first time.
1. Jack Ma is the first Internet person in Zhang Mao’s eyes. Zhang Mao and Jack Ma “no deal”
The problem of counterfeit goods triggered Taobao's war against the State Administration for Industry and Commerce, and the State Administration for Industry and Commerce lost 30 billion US dollars in a "White Paper"
1. Review of the incidents of Taobao’s battle with the State Administration for Industry and Commerce:
1. On January 23, 2015, the State Administration for Industry and Commerce released a targeted monitoring result for online transactions. Among them, Taobao has the largest number of samples, but the lowest genuine rate, which is only 37.25%.
2. On January 27, 2015, Taobao unexpectedly counterattacked the State Administration for Industry and Commerce: Taobao’s official Weibo released an open letter from an operation waiter: "Director Liu Hongliang: You have violated the rules, don’t blow the black whistle." Taobao accused Liu Hongliang, Director of the Network Supervision Department of the State Administration for Industry and Commerce, and formally filed a complaint with the State Administration for Industry and Commerce for his misproper procedures and emotional law enforcement during the supervision process.
3. On January 28, 2015, the incident of Taobao fighting the State Administration for Industry and Commerce escalated: The State Administration for Industry and Commerce issued the "White Paper on the Administrative Guidance Work of Alibaba Group" that has been covered for half a year, pointing out that Alibaba's online trading platform has five major problems, including ignoring the review of product information and lax control of internal work grievances.
2. The White Paper caused Alibaba's market value to evaporate by more than US$30 billion in two days.
As soon as the White Paper was released on the 28th, Alibaba's stock plummeted and suffered heavy losses. On the same day, Alibaba's stock price fell by 4.36%, evaporating US$11 billion.
On the 29th, it was raining, and the White Paper was released on the 28th. As a result, it was the day when Alibaba announced its financial report. The "White Paper" of the State Administration for Industry and Commerce scares American investors. The United States believes that the Chinese government covers up the problem for Alibaba's IPO, so it will issue this report later. Affected by this, Alibaba's stock price still fell 8.78% at the close of the day, a well-known decline since its listing. The cumulative loss of US$30 billion in two days.
Jack Ma and Zhang Mao met, and the State Administration for Industry and Commerce revoked the White Paper, saying that it had no legal effect! Netizens asked: Who will pay for Alibaba’s market value of evaporated by 10 billion US dollars?
At that time, Zhang Mao and Jack Ma had a meeting. Although things have changed now, Zhang Mao responded to the situation at that time for the first time in this interview:
Time was very tight at that time, so we agreed to have a meal in the cafeteria, and that day we both discussed this matter. Jack Ma expressed his attitude, and later I talked about the attitude of the State Administration for Industry and Commerce to deal with these issues, and each exchanged his own situation. Later, the situation developed significantly, especially in the United States, some so-called investigations into Chinese concept stocks.
Of course, after discussing it at night, we were still seeking truth from facts. I made it clear. On the one hand, we have regulatory responsibilities. You can't say that we can't supervise you, right? In addition, in terms of combating counterfeiting, the government and enterprises should cooperate to fight counterfeiting together. Probably, these consensuses were reached that day.
The State Administration for Industry and Commerce shook hands with Alibaba to make peace: The State Administration for Industry and Commerce said that the "White Paper" previously released is just a record of work talks and has no legal effect
Jack Ma believes that it is the result of a random check, and the sample is insufficient.
But then I said that the sample is 100%, and you are also unqualified, right?
In the end, Jack Ma did not insist on anything else when he was looking for this random check. Jack Ma mainly had some opinions on the White Paper, saying why did you turn into the White Paper?
I think our work is indeed flawed, so I think this is not the White Paper or the White Paper. Later, the United States said that before Alibaba went public, why didn’t you disclose it? Are you not the government and enterprises working together to deceive us? It's just like this. So later I felt that I had to clarify this fact, there was no such thing as the Chinese government and enterprises colluding with you. It was just an ordinary work talk, and there was no "White Paper".
So later the State Administration for Industry and Commerce revoked the record.
Netizens are unfair about Jack Ma: Who will pay for Alibaba's evaporation of its market value of 10 billion US dollars?
Jack Ma and I repeatedly emphasized: You are not a lawless place. Jack Ma shows his sincerity and determination to fight to the director.
On Double Eleven in 2015, Zhang Mao visited Alibaba specifically. Jack Ma took him to visit the company's internal anti-counterfeiting live broadcast screen, once again demonstrating his sincerity and determination to fight against counterfeiting.
Jack Ma expressed his determination to fight counterfeiting and took Director Zhang Mao to see the anti-counterfeiting center
Zhang Mao: He is particularly called an intelligence center, a big screen. He said how many fakes he made in a year, and it seems that a police station is stationed there. He directly told the police station some clues to the counterfeiting, and then solved the case. The Hangzhou Industrial and Commercial Bureau also has a close relationship with him.
"Jack Ma and I repeatedly stressed that you are not a lawless place, and the primary responsibility is you. Because those small shops are not registered and sell things on your website, you have to bear the responsibility."
He did fight against counterfeiting, and he said he had spent 1 billion yuan and organized many people, I believe he was the same. I also admit that objectively speaking, he has also made great efforts in combating counterfeiting. But there are still a lot of problems that have not been solved.
2. The director apologized: The State Administration for Industry and Commerce did not issue a trademark registration certificate for 7 months, which led to the company's missed business opportunities.
On April 7, 2016, the Beijing Evening News reported that the Trademark Office of the State Administration for Industry and Commerce did not issue a trademark registration certificate for seven months, resulting in the company missing business opportunities.
For Mao, he has not issued a trademark registration certificate for 7 months, and the staff’s response will definitely make you eat a pound of money!
Because the paper registered with our trademark has not arrived yet! ”
As soon as the report came out, the director panicked: It was not just that he had not issued a certificate for 7 months, but that such a big thing happened, and he didn't even know it!
Zhang Mao: It was April 7th. I only learned about this news after the Beijing Evening News announced it. I was surprised that night. I am here in the evening and immediately convened everyone for research. Because it is also a lack of internal information, I feel that as the director, I should bear the main responsibility, and I don’t know such a big thing.
We conducted research that night, and the first thing we did was to quickly release information to the public.
First, admit your mistake: This is indeed our fault. Just like what society says is not paper, but a sense of responsibility. I feel speechless.
Second, apology: We apologize to these companies that did not obtain the trademark registration and did not obtain the trademark registration in time.
Third, statement: Before the end of May, it was April 7, and before the end of May, we must register and fill all trademarks. In fact, when it was announced, our paper was already supplied, and later we sent a message at night.
I think government work should be like this. Right is right, wrong is wrong. This must be spoken out as soon as possible. At the same time, I will also report to the inspection team, report to the leaders of the State Council and the Prime Minister, and have such an impact. So this is because we are not responsible, and the other is that the bidding and procurement procedures are indeed quite complicated. This must be admitted and reformed. This really surprised us, that is, our organization has some style of work, and everyone says that we have done some of our work well, but this is a very low-level mistake.
But even so , "trademark is gone" has become a hot topic on the Internet.
3. The director told Li Yanhong: Internet companies are far away from medical care and health care
The dramatic thing is that there is also a book by Li Yanhong in the director's office. The director entered Baidu for investigation in March 2016. Two months after the investigation, something happened to Baidu:
In May 2016, the death of college student Wei Zexi triggered a national discussion on "search bidding ranking" . Weibo and WeChat were flooded with the incident, and the condemnation of Baidu and Robin Li also occupied the headlines of major media for a while.
On July 4, 2016, the State Administration for Industry and Commerce issued the "Interim Measures for the Management of Internet Advertising", which put an end to the discussion:
Paid search is an Internet commercial advertising. According to regulations, search engine service providers must have the obligation to review the content of the advertisement, otherwise they may be subject to corresponding penalties. Advertisements involving medical drugs shall not be published without review.
Director Zhang Mao said that before this, the difficulty in solving the search engine bidding ranking problem was: Is this considered an advertisement?
Search engine bidding rankings have always had different views at home and abroad, both in the theoretical and legal circles. There are both types of judgments in the legal community, including the Beijing Higher People's Court, which once ruled that this is not an advertisement.
The director and Robin Li once discussed: We had discussed with Robin Li before that, and I asked what is your bidding ranking? At that time, he explained that this was a kind of value, not a price, and said that I had a formula, but I didn't know anyway. In addition, I say that you, Internet companies, are far away from this medical care, because you still want this thing, not that kind of virtual, and this kind of thing depends on a doctor to treat people directly.
Those who rank high in bidding will win. This practice itself has problems and does not consider the credit of the company. Especially the medical and health industry involves people's health issues. This kind of treatment for advertisements and taking medicine is indeed a great harm to people.
Regarding Taobao’s response to the State Administration for Industry and Commerce and the director’s response, netizens commented:
@Yao Xiaozai: Haven’t even learned Chinese well? The primary responsibility is that there is something wrong with Alibaba?
@ AsMiss Time: So Jack Ma regrets it. He has greater responsibility than anyone else and has more worries than anyone else. In the end, anyone can care about him
@Prairie Eagle:Jack Ma and I have always emphasized that you are not a lawless place, I am a lawless place.
@南南南: One of the most awesome skills of every leader in government agencies is to push down the responsibility! After contacting so many leaders, my summary!
@He Chuan Mi Angel: Legally speaking, Taobao is indeed not the primary responsibility, only the secondary responsibility. In actual operation, Taobao relies on fake products. I believe that we can find evidence to prove that Taobao is covering up or even inducing merchants to violate the law.
@You are crazy: Let me first talk about how you approved your business license and production license?
@时六后六后: There are many counterfeit goods on the platform, so horses have their responsibilities, but the greater responsibility is industry and commerce! !
@小子: The most talented person in China. The result is not to be afraid of becoming an official. This is sadness.
@SAPer-Golden: In May, I bought a fake item from Taobao and complained about it in Taobao and Hangzhou Industrial and Commercial Bureau. Taobao customer service also determined that it was a fake. Hangzhou Industrial and Commercial Bureau said it was resolved in two months and has not yet been resolved. @Zhejiang Industry and Commerce @China Business Daily The product originally showed that the monthly sales volume was more than 2,000, and the store is still open!
@鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑鑑限: I just want to ask the director, who is the lawless place? Three barrels of oil are right? Is China Mobile China Unicom? Is the power grid?
Laws and supervision will never keep up with practice. The Internet is developing rapidly and new things will continue to emerge. The supervision of Internet companies can only be: develop in norms and regulate in development. On the one hand, this requires the government to strengthen supervision and execution efficiency, and on the other hand, it requires enterprises to restrain themselves, but there are some prohibited areas that should be cautious, such as those that concern people's lives and health, such as medical and health bidding ranking advertisements.
Robin Li: Why are we two? Jack Ma: I don’t know~ I’m upset!
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