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超大互联网平台数据被“寄生”,法院判定不正当竞争
Core Viewpoint - The case of "Xiao Wang Shen" infringement has been ruled by the Nanjing Intermediate People's Court, affirming that Taobao Tmall holds data rights over its platform's operational data and derived data products, marking a significant legal precedent in the protection of data rights for large internet platforms [1][3]. Group 1: Legal Context - The ruling is recognized as a landmark case in the realm of data resource law, often referred to as the "first case of data resource law enforcement in the country" [1]. - The court determined that Taobao Tmall possesses commercial secrets and data rights over three categories of data: raw information, processed operational data, and derived data products [3]. Group 2: Infringement Details - The "Xiao Wang Shen" software was found to have illegally accessed and sold Taobao Tmall's operational data, generating an estimated illegal income of approximately 22.96 million yuan [3]. - The court ordered the defendants to cease their infringing activities and pay punitive damages of 30 million yuan to Taobao Tmall, along with reasonable expenses of 100,000 yuan [3]. Group 3: Data Rights and Protection - The ruling reinforces the concept of "data three rights," which includes holding, using, and processing rights over data, thereby clarifying the ownership and protection of data rights in the digital economy [3]. - The "Xiao Wang Shen" software's official channels still display links to plugins with infringing functionalities, indicating ongoing challenges in enforcing the ruling [4].
淘宝收费迷局:184元订单被扣26笔费用,中小商家遭遇“围剿”
Sou Hu Cai Jing· 2025-06-12 11:34
Core Viewpoint - The current situation of excessive fees charged by Taobao has become a significant burden for merchants, particularly those engaged in cross-border e-commerce, leading to widespread dissatisfaction and financial strain [1][2][4][8]. Group 1: Fee Structure and Merchant Experiences - A Guangdong cross-border e-commerce merchant reported that a 184 yuan order was subjected to 26 different service fees, including various unclear charges [2][4]. - Merchants have expressed confusion over the numerous fees, with many unaware of their meanings or purposes, leading to frustration and financial losses [4][7]. - Some merchants have shared experiences of unexpected deductions, such as a Zhejiang merchant who was charged 3000 yuan without using any related services [4][8]. Group 2: Impact of Fee Adjustments - In response to market changes, Taobao has adjusted its fee policies, including a 0.6% basic software service fee introduced in September of the previous year, which is waived for small sellers with annual sales below 120,000 yuan [7]. - Despite the exemption for some small sellers, many merchants report that hidden fees continue to accumulate, resulting in no significant reduction in overall costs [7][10]. - The lack of effective communication regarding these policy changes has left many merchants confused and struggling to adapt [7][10]. Group 3: Consequences for Merchants - The unclear and excessive fees have led some merchants to experience minimal profits or even losses, with one merchant stating that after deductions, their profit from a 405 yuan transaction was reduced to only 344.83 yuan [8][10]. - The financial pressure has forced some merchants to close their services or exit the platform entirely, as seen in the case of a merchant who stopped selling after incurring high fees on a single order [10]. - The current fee practices threaten the mutual benefit relationship between the platform and merchants, potentially harming the overall health of the e-commerce ecosystem [10].
5月商家投诉电商平台典型案例曝光——淘宝
Sou Hu Cai Jing· 2025-06-06 06:47
Core Insights - The report highlights the complaints received by e-commerce platforms in May 2025, focusing on the challenges faced by merchants on these platforms, particularly on Taobao [1][3][26] - Taobao received a total of 140 merchant complaints in May, with issues primarily related to arbitrary refunds, excessive consumer protection, and unjust penalties [4][10][26] Complaint Data Summary - The report covers various e-commerce sectors including comprehensive e-commerce, live e-commerce, B2B, cross-border e-commerce, and digital life services [3] - The top complaint types on Taobao included: - Arbitrary refunds (40.03%) - Excessive consumer protection (21.74%) - Arbitrary fines (11.59%) - Other issues (10.14%) - Withholding deposits (8.7%) - Arbitrary store closures (5.8%) [4][10][26] Geographic Distribution of Complaints - The top regions for merchant complaints against Taobao were: - Guangdong Province (39.13%) - Zhejiang Province (10.14%) - Sichuan Province (5.8%) - Other provinces including Hubei, Anhui, Jiangsu, and others [7][26] Merchant Categories - The leading categories of merchants filing complaints on Taobao were: - Other categories (36.23%) - Clothing and accessories (17.39%) - Sports goods (11.59%) - Food and fresh produce (8.7%) - Personal care and cleaning products (7.25%) [10][26] Case Studies - Multiple case studies illustrate the nature of complaints, including: - A merchant's complaint about Taobao's handling of a refund request, where the platform allegedly favored the buyer without proper investigation [14] - Another case where a merchant faced an unjust "only refund" decision despite providing evidence of compliance with platform rules [15][16] - A complaint regarding excessive consumer protection leading to unfair treatment of merchants [19] - A merchant's grievance about arbitrary fines imposed by Taobao for alleged harassment, which the merchant contested as unreasonable [21] [28] Overall Complaint Trends - In May, the distribution of complaints across various platforms showed: - Pinduoduo (39.38%) - Douyin (23.57%) - Taobao (17.88%) - Other platforms like JD, Kuaishou, and Meituan had significantly lower complaint rates [26][28]
淘宝经销商乱价怎么管理控制?(低价打击处置经验分享)
Sou Hu Cai Jing· 2025-05-16 15:06
Core Viewpoint - The article discusses the challenges brands face in controlling pricing among distributors on e-commerce platforms like Taobao, highlighting the need for effective strategies to manage pricing chaos and protect brand integrity [1] Group 1: Strategies for Price Control - Utilizing intellectual property as a breakthrough point by shifting focus from price control to infringement complaints, with a structured process for evidence collection and platform complaint submission [2] - Employing legal warnings through lawyer letters to exert legal pressure on distributors, detailing the types of infringement and necessary evidence for action [3] - Engaging professional third-party price control agencies as a preferred strategy for mainstream brands, emphasizing their systematic and long-term advantages [4] Group 2: Preventive Measures and Management - Establishing a comprehensive distributor management system, including exclusive distribution agreements that define price ranges and penalties for price violations [5] - Implementing a digital traceability system using anti-counterfeiting and logistics codes to track product flow and identify sources of price violations [5] - Coordinating online and offline pricing strategies through regular distributor meetings and preemptive price control guidelines during major sales events [5] Group 3: Long-term Vision for Price Control - Emphasizing that price control is a multifaceted approach combining compliance tools, management wisdom, and technological empowerment to maintain brand value [6] - Advocating for a phased approach to price control: immediate action through third-party agencies, medium-term legal and institutional reforms, and long-term brand recognition and compliance through technology [7]