Legal Analysis Of Anti-Counterfeiting Policies Prevailing In E-Commerce

E-commerce has become the leading force of our current economy in a short time,not only because of its low cost,but also for it benefits us a more convenient and efficient business way.But in the creation of incomes,the phenomenon of counterfeiting arrives and expands immediately from offline to online,which is a serious threat to E-commerce market order and development,and infringes upon the legal rights and interests of legal operators and consumers.Taobao,as a platform with the largest market share of China's online retail,has been in the spotlight,due to counterfeiting.To analyze the anti-counterfeiting policies legally will make a significance in governing counterfeiting in E-commerce,I believe.The platform operator,not the seller or the buyer in any specific transaction,managing the users and non-user through its own internal policies,is in the dominant position in the entire platform eco-system.With the development of e-commerce and China's economy,the platform operators obtain a certain degree of "power" to supervise,define and influence new and old problems and interests of relative parties.Effective pledge of power should be under the supervision and restriction of law.In this paper,the author attempts to analyze the implementation and coordination between anti-counterfeiting policies and existing regulations from the perspective of legitimacy.As a result,the E-business platform gradually adapts to the legal and regulatory environment while formulating and implementing internal policies,and protects all parties' interests to keep the society from non-harmony.With this purpose,based on the anti-counterfeiting policies on Taobao,according to the main parties(consumers,sellers and the IP right holders)under counterfeiting of the platform,the article is divided into six parts.First,it starts from the origin,literature review,method and research significance.Secondly,differences among the concepts of counterfeiting,non genuine and fake are told,then the platform operation model of Taobao and the legal responsibility and obligation of the platform facing counterfeiting are introduced;thirdly,the anti-counterfeiting policies and relative problems upon comsumers are introduced in market access and processing angle.And then the legality of relevant policies is accordingly determined;fourthly,legitimacy of related policies upon consumer rights are analyzed from standpoints of safeguarding rights,burden of proof,standard of compensation and purchasing counterfeiting products online;fifthly,the qualification of counterfeiting authenticating and related problems are concluded.In the end,related policies by Taobao are evaluated positively by the author.