Nancai Cooperative Weekly Report (No. 56): The implementation of the new "Anti -Monopoly Law"; Guangdong conducts network security inspections on Xiaopeng Automobile and GAC Toyota

Southern Finance All Media Reporter Li Runze Intern Zhang Yan Guangzhou reported

In the first week of August (08.01-08.07), there were heavy dynamics in the field of compliance, and many important regulations began.

In terms of platform governance, the "Internet User Account Information Management Regulations" and "Regulations on the Management of Mobile Internet Application Information Service" are officially implemented. In addition, the Guangdong Provincial Communications Authority conducted an Internet network security inspection of Xiaopeng Automobile and GAC Toyota this week; the "anchor eating the Great White Shark Incident" caused heated discussions.

In the field of antitrust and intellectual property rights, the new "Anti -Monopoly Law" is officially implemented, and my country's market fair competition will be more powerful. The Beijing Knowledge Court concluded 490 cases involving old -fashioned samples, with a maximum of 30 million yuan. The Supreme Procuratorate issued 6 typical cases of criminal crimes in the market competition in accordance with the law. Juli Media constituted the right to spread the information network of CCTV on the event of CCTV, and was sentenced to compensation for 4 million yuan in compensation for economic losses. In another case, because of the dissemination of the infringement video, station B was identified to help the infringement to claim 440,000.

In terms of overseas compliance, Google was fined by the Italian Communications Administration for deleting illegal gambling advertisements because its YouTube platform did not take measures. Anti -monopoly agencies of the European Commission are conducting investigations on Google App Stores, or involving billing terms and developer costs.

1. Platform governance

1. The "Regulations on the Management of Internet User Account Information" formally implemented

On August 1, the "Regulations on Internet User Account Information Management" was officially implemented. The "Regulations" include the content of account information registration and use, account information management, supervision and inspection, and legal responsibility, and clarify that Internet information service providers should display the Internet user account IP address of the Internet user account in the account information page, which is convenient for the public to do it. Supervision of public interests.

2. The "Regulations on the Management of Mobile Internet Application Information Service Management" formally implemented

On August 1, the "Regulations on the Management of Mobile Internet Application Information Service" was officially implemented, which is the strongest regulatory regulation for the APP. New regulations require application providers and application distribution platforms to fulfill the main responsibility of information content management, and establish and improve management systems such as information content security management, information content ecological governance, data security, personal information protection, and minor protection.

Nancai Comment: Compared with the old version, the new version of the "Regulations" detailed the obligations of application providers and distribution platforms. The supervision gives the platform a certain obligation and incentive, and prompts it to manage the content. It is the reflection of the current construction of a platform with a platform as the starting point. While the program provider is regulated by the regulatory authorities and the distribution platform, it also needs to be constrained and actively compliant.

3. The Guangdong Provincial Communications Administration conducts network security inspections on Xiaopeng Automobile and GAC Toyota

On August 2nd, the official website of the Guangdong Provincial Communications Administration showed that it would conduct a one -week car network network security inspection of Xiaopeng Automobile and GAC Toyota. This focus on the two aspects: one is the safety of the network service platform, and the second is the safety of the data of the Internet.

The Guangdong Provincial Communications Administration stated that it will further compact regulatory responsibilities in accordance with the task requirements of the Ministry of Industry and Information Technology's "Notice on Strengthening the Network Security and Data Security Work" of the Ministry of Industry and Information Technology. The first is to strengthen the safety supervision of the network of vehicle, urge enterprises to implement the obligations of network security and data security, and strengthen network security protection and supervision and inspection; the second is to strengthen the construction and carry out network safety monitoring and loophole management; The reporting mechanism is notified to monitor and notify the disposal of safety vulnerabilities such as intelligent connected cars and vehicle -mounted networks.

4. The "Internet Red Eat Big White Shark Incident" is under judicial appraisal

A few days ago, the video of the Internet celebrity blogger "Ti Zi" shot the video of boiled sharks and barbecue sharks. It is confirmed that the video involves endangered wildlife "Shark" (also known as "Great White Shark"). The "Steamed Shark" belongs to the national secondary protection animal. According to the relevant provisions of my country's criminal law, hunting, killing, illegal transportation, acquisition and sale, etc., are suspected of "harm precious and endangered wildlife" crimes. At present, the Nanchao City Public Security Bureau is involved in investigating the bloggers and related issues involved.

On August 2nd, Chief Yang of the Law Enforcement Supervision Section of the Sichuan Nanchong Agricultural and Rural Bureau told the 21st Century Business Herald that at present, all parties are still judicial identification of cases, mainly to determine the age value of sharks. Make further decisions. The existing survey results can basically be determined that the shark is not purchased from the well -known online shopping platform, and the specific source is still in confirmation.

Nancai comments: When facing a large amount of user groups, it is difficult for the regulatory authorities to achieve comprehensive management, while the platform has more direct control capabilities for its content and users. According to the relevant provisions of the "Network Security Law", network operators have management obligations of information issued by users and have the obligation to dispose of illegal information. In the incident, in addition to the corresponding responsibilities of the bloggers involved, because the online platform fails to achieve compliance, once the matter is verified, it will also face punishment caused by violations.

Second, antitrust and intellectual property rights

1. The new "Anti -Monopoly Law" is officially implemented

The revised "Anti -Monopoly Law of the People's Republic of China" will be implemented on August 1. The New Law proposes a series of new rules for strengthening the basic status of competitive policies, establishing a fair competition review system, a clear scope of monopoly agreement, and the improvement of the abuse of the digital economy field, and the improvement of the abuse of the digital economy field. New standards and new requirements, and for the first time, innovation will be encouraged to be written into legislative purposes. The new "Anti -Monopoly Law" further responds to the development of the platform's economic field, and in the general rules, "operators must not use data and algorithms, technology, capital advantages, and platform rules to engage in monopoly behaviors prohibited in this law." At the same time, a "safe port" system applicable to the field of vertical monopoly agreement was officially established at the legal level. In addition, the New Law also puts forward higher requirements for further improvement of the centralized review system of the operator, including improving the centralized classification and classification review system, adding the centralized watch out of the operator, improving the review and investigation of the centralized standard operators, and strengthening illegal illegal illegal The legal responsibility of implementing the centralized behavior of operators.

Nancai comments: With the further refinement of antitrust supervision, market fair competition will be more powerful. At present, my country has formed a legal norm system with an antitrust law, with 1 administrative regulations, 8 State Council antitrust guidelines, and 10 departmental rules as its main framework. The basic system of antitrust fields such as administrative monopoly, and antitrust work has entered the rule of law and normalized orbit.

2. The Beijing Intellectual Products Court concluded 490 cases involving old -fashioned samples

On the morning of August 2nd, the Beijing Intellectual Property Court held the "Reporting Meeting of the Trial Cases in the Old Size". It is reported that as of May 31, 2022, the Beijing Inspecta -ry Property Court concluded 490 cases involving old -fashioned samples, including 393 administrative cases and 97 civil cases. Of the 393 administrative cases involved in the old -fashioned name, the winning rate of the old -fashioned right holder was as high as 64.1%, and the maximum debt amount in civil cases reached 30 million yuan.

Nancai Comments: As a brand, unique products, skills or services, and concepts, the brand that has been widely recognized in society is long -established. The old name is infiltrated with deep historical heritage, carrying excellent traditional culture, and showing rich economic and cultural value. In order to better maintain the brand goodwill and economic and cultural values ​​of the old -fashioned brand, the main entities of various markets should establish a sense of integrity, trustworthy, and fair competition. The old -fashioned enterprises also need to establish a sense of brand protection, continue to regulate operations, and actively inherit the old brand and craftsmanship.

3. Crime Crime Crime Crime Crime Crime Crime Crime Crime Crime

On August 4, the Supreme People's Procuratorate issued 6 typical cases of crime of punishing and destroying the market competition order in accordance with the law. The case released this time reflects the characteristics of complex and diverse types of crimes that have undergone market competition in recent years, continuous renovation, criminal crossing, and criminal cross -torture.

It is reported that from June 2019 to June 2022, the procuratorial organs sued for fake registered trademarks, collusion bidding, violations of business secrets, false advertising crimes, damage to business reputation, commodity reputation, etc. People, more than 7400 counterfeit registered trademarks, more than 15,000 people, more than 7,000 people in the bidding, and more than 130 people who violate business secrets.

Nancai comments: Fair competition is the basic principle of the market economy and an important foundation for the efficient operation of the market mechanism. At present, my country's fair competition market environment is constantly optimized, but some illegal crimes that undermine market competition order still exist, and the law enforcement and judicial departments are urgently needed to coordinate and coordinate.

4. CCTV complaint PPTV infringement is compensated by 4 million

On August 4, the public ruling publicly made by the Beijing Court of Judgment Information Network showed that due to Shanghai Juli Media Technology Co., Ltd. (Juli Media) on the "PPTV Video" website "World Cup" special page, CCTV Network International Co., Ltd. The company (CCTV) enjoys a 2018 World Cup TV program with exclusive rights, producing more than 800 GIF format videos, intentionally covering the plaintiff's standard and score data. At the same time, PPTV websites broadcast the live TV show through live broadcast rooms without authorization. CCTV filed a lawsuit. The court ruled that the defendant's Juli Media constituted the right to spread the information network of the information network involved in the case, and the defendant failed to prove that the content of the event involved in the case was used for reasonable use of news reports, and the plaintiff CCTV's economic loss was 4 million yuan.

5. Station B was identified to teach to help infringement to claim 440,000 yuan

On August 4th, Beijing Muhua Information Technology Co., Ltd. and Shanghai Kuan Entertainment Digital Technology Co., Ltd. (station B related company) were published on the dispute over the infringement of work information network dissemination rights. The document shows that the plaintiff Beijing Muhua Company claims that it enjoys the exclusive network communication right of Professor Xiao Xing of Tsinghua University's lecture on the course of "Financial Analysis and Decision". video.

The court trial believes that the defendant Shanghai Kuan Entertainment Co., Ltd. did not do his best to pay attention to the videos released by the user involved in the case, let the relevant video dissemination, and recommend it to constitute an instability and help infringement. Essence

3. Overseas supervision

1. The Italian Communications Administration fined Google 750,000 euros

The Italian Communications Authority issued an announcement on August 2nd, deciding on the TOP ADS of Google and Internet Marketing Company of the holding video website YouTube, respectively, and a fine of 750,000 euros and 700,000 euros, on the grounds, the reason is that TOP ADS has passed its website and its website and its YouTube platform.The channels on the channel illegally spread gambling content advertisements, and the YouTube platform did not take timely measures to delete illegal content uploaded by third parties.2. EU antitrust agencies investigate Google App Store

On August 4th, Beijing time, two people familiar with the matter revealed that the Anti -Monopoly Institutions of the European Commission were investigating Google's program store policies.Google's competitors received confidential questionnaires from Brussels, which involved the billing terms and developer costs involved in Play Store.The Netherlands is also investigating Google Play Store, but the survey may end, thereby making a way for the EU investigation.Not only that, British antitrust agencies are also investigating Google Play Store.The cost of Play Store to developers is as high as 30%. Developers have not been able to use an alternative billing system before, and can only use the system provided by Google.

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