2019-01-02 03:33:30 Source: Beijing Business Daily
On 1 January, the "E-commerce law", which was launched after a long-awaited call, was officially implemented. As the first comprehensive law on e-commerce in China, the ecommerce law & # 39; to draw up relevant regulations about the chaos of individual purchasing and polishing, which cause public opinion. The micro-commercial and purchasing industries often produce new tricks & # 39; to test the regulatory implementation scale. Experts said that the "e-commerce law" is of great importance for solving the current e-commerce platform for selling counterfeit goods, the platform is not strict and the supervision is out of place.
"Swipe" and "Fried Letter" are regulated
In recent years, China's e-commerce has developed rapidly. During the period of the "Twelfth Five Year Plan", the average annual growth of e-commerce was more than 30%. E-commerce has penetrated every aspect of social life: the market size equals more than 30% of the total national economy and plays a crucial role in national economic and social development. For large-scale e-commerce platforms with large trees, the implementation of e-commerce legislation has created new challenges for future platform compliance.
While the industry is becoming more and more standardized, the relevant provisions of the E-commerce Act also determine the specific responsibilities that the e-commerce platform must adopt. The person responsible for the Vipshop will explain that after the implementation of the E-commerce Act, there will be stricter rules for invoicing and speculation. Jingdong Group Executive Vice President and Chief Public Affairs Officer Lan Lan said that the e-commerce law can be implemented in three aspects, one is to conduct conformity checks in accordance with the law, the other is to actively fulfill the platform responsibility and the protect legitimate rights and interests of consumers. The third is to create a level playing field and to resist unfair competition.
In addition, the e-commerce platform will also herald a new highlight in "counterfeiting". It is clear that since 1 January 2019, French luxury goods LV will investigate the non-counter facility and that the second-hand inspection system in Taobao will be re-implemented.
Meng Huixin, assistant analyst of the Legal Rights Department of the China E-Commerce Research Center, said Articles 41 to 45 of the Electronic Commerce Act determine the intellectual property protection system for e-commerce platforms . "The Intellectual Property Protection System referred to here is not a legal security system, but a security system that is compatible with the platform's own features and capabilities, and strengthens cooperation with IPR owners, including two levels, and within the platform The rights holders work together and work together with rightholders outside the platform to solve problems that are possible in the rules through cooperation. "
Purchasing also requires registration
With the implementation of e-commerce law, personal purchases and micro-enterprises will usher in regulation. The law on e-commerce stipulates that e-commerce operators must regulate the registration of market entities in accordance with the law. An e-commerce operator is a natural person, a legal entity or an unincorporated organization engaged in business activities such as the sale of goods or the provision of services via an information network such as the internet. Professor Xue Jun, member of the expert group e-commerce legislation and deputy Dean of Peking University Law School, believes that the core of the law is to maintain a fair market organization. Xue Jun said that online operators must register market entities and pay taxes according to the law in the same way as offline operators.
The overseas buyer, known as the whale, told the Beijing Business Daily that he will not receive orders in the near future, even if this will help the consumer to buy afterwards. The reason why Weishang and Purchasing on New Year's Eve are so intense and cautious is nothing more than trying to keep an eye on how the E-Commerce Law comes to the fore and how the high-profile "registration" and "taxation" will be implemented. According to the e-commerce law, e-commerce operators must "carry out the registration of market entities in accordance with the law" and "their tax obligations according to the law".