新华解码丨聚焦“幽灵网店”商标侵权问题 市场监管总局拟出台新规

Core Viewpoint - The State Administration for Market Regulation has released a draft regulation aimed at addressing trademark infringement in the e-commerce sector, highlighting the challenges posed by "ghost stores" that complicate enforcement efforts [1][2] Group 1: Challenges in E-commerce Trademark Infringement - Trademark infringement in e-commerce refers to unauthorized use of registered or similar trademarks by operators on platforms [1] - "Ghost stores" often have false registration addresses and untraceable operators, making it difficult to enforce rights [1] - A significant case involved 14 stores on platforms like Pinduoduo and Taobao infringing on the "Pang Donglai" trademark, with 10 stores not operating at their registered addresses and 8 being untraceable [1] Group 2: Proposed Measures in the Draft Regulation - The draft regulation suggests that market regulation departments can issue a notice to platforms if there is preliminary evidence of infringement, requiring platforms to respond within 5 working days [1] - Platforms must notify operators of stores with false address information and prominently mark such stores and products to inform consumers [2] - Two core measures include requiring platforms to urge operators to provide accurate information and marking non-compliant stores to caution consumers [2] Group 3: Implications for E-commerce Platforms - Platforms may be held liable for aiding infringement if they fail to act upon evidence of trademark violations [2] - The regulation emphasizes the responsibility of platforms to ensure compliance and protect consumer interests [2] - The determination of trademark infringement in live streaming scenarios depends on whether consumers can recognize the trademark despite any modifications [2]