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电商控价怎样能做出效果?大揭秘
Sou Hu Cai Jing· 2025-10-09 11:12
Core Viewpoint - In the increasingly complex market competition, brands face diverse infringement issues such as price chaos, cross-regional diversion, and counterfeit products. To effectively curb these infringements and protect their rights, brands need to establish a layered complaint strategy from goal setting to execution, clearly defining the core standards for effective complaints and accurately identifying different types of infringement to shift from "passive response" to "proactive control" [1]. Group 1: Systematic Construction of Complaint Strategy - The first step in the complaint strategy is to clearly define goals and prioritize control over different infringement behaviors. For malicious low-price sales, priority should be given to quickly blocking dissemination through intellectual property complaints to prevent impact spread. For cross-regional diversion, channel tracing technology and distribution contract constraints should be combined to stop current diversion and regulate channels from the source. For counterfeit and inferior products, both platform complaints and legal actions should be initiated to severely crack down on the source of infringement, creating a deterrent effect [4]. - A three-level evidence collection system should be established, ensuring compliance and traceability. The product level should fix core features of genuine products, such as packaging details and anti-counterfeiting identifiers, for comparison with infringing products. The channel level should retain complete shipping records and authorization documents to prove the infringer's lack of compliance. The behavior level should capture violation pages and record price calculation processes to present infringement facts comprehensively. All evidence must meet the standards of "time continuity, traceable source, and unalterable content" to support subsequent complaints [5]. - A progressive execution process should be designed based on the severity of infringement and violation frequency, incorporating a "warning - rectification - punishment" approach. For first-time minor violations, a lawyer's letter should be sent to clarify infringement consequences, requiring rectification within 3-5 working days. For repeated violations or inadequate rectification, platform complaints and legal actions should be initiated simultaneously, creating dual pressure. Additionally, channel policies should be adjusted, such as reducing supply to violating distributors, to achieve long-term control and prevent repeated infringements [6]. Group 2: Core Standards for Effective Complaints - An effective complaint must meet three core requirements: legal compliance, complete evidence, and timely response. Complaints should be legally supported, ensuring clear basis and compliant subjects, strictly corresponding to rights types protected by laws such as the Trademark Law and Copyright Law, avoiding abstract reasons that may be rejected due to lack of legal definition [7]. - Evidence must form a complete logical chain of "rights basis - infringement facts - damage results." The rights basis should provide rights certificates and validity proofs, demonstrating the brand's legitimate rights. The infringement facts should include screenshots of infringement pages, price comparison tables, and purchase records to clearly display the infringement behavior. The damage results should quantify the impact, allowing reviewers to perceive the harm caused by the infringement [8][9]. - Timeliness directly affects the handling effect of complaints, focusing on two key nodes: the evidence fixation time and the material submission time. Initial evidence collection should be completed within 24 hours of discovering infringement to avoid evidence loss. Complete complaint materials should be organized and submitted within 72 hours to enhance the success rate of complaints and avoid missing the best handling time [10]. Group 3: Structured Identification of Infringement Types - Identifying infringement behaviors requires establishing a corresponding logic of "behavioral manifestation - legal qualification - disposal direction." This ensures that each type of infringement can find precise response plans, avoiding misjudgment or omission. Trademark infringement primarily focuses on the legality of brand mark usage, identifying three forms: direct imitation, confusingly similar marks, and dilution of trademark use [11]. - Copyright infringement involves distinguishing originality from functionality, requiring professional reports to analyze the similarity of unique design elements between products and infringing items. Functional designs do not constitute copyright protection, necessitating a shift to patent protection for such cases [12]. - Unfair competition infringement should focus on the impact on market order, identifying three types: false advertising, commercial defamation, and monopoly agreements. It is essential to differentiate factual statements from subjective evaluations and retain advertising records and market data for subsequent complaints [13]. - Patent infringement identification involves confirming patent validity and comparing technical features. Valid patents must be checked for their effective period, and technical features of infringing products must be compared with patent claims to determine infringement [14].