What happened in the live broadcast room from the sound of human voice to the abrupt end?｜ 9:30 tonight

"Internet celebrity" anchor is now

Live and cargo in the onlookers of tens of thousands of fans

The first second is still the popular webcast room

The next second came in the camera suddenly appeared

A group of plainclothes policemen

The live broadcast is abruptly stopped

Just leave the screen with a full screen and a sigh

Native

"Do babies like high goods, hard goods, tie goods? New products this year, handmade, like -like babies come!" On August 28, 2020, "Internet celebrity" anchor Liao Mou was live broadcast in tens of thousands of fans. goods. However, in the previous second, a lively and popular live live broadcast room, a group of plainclothes policemen suddenly appeared in the next second camera, the live broadcast stopped abruptly, leaving only a full screen and a sigh.

On August 4 this year, in the six typical cases of punishing the market competition order in accordance with the law in accordance with the law, there are the first case of this Shanghai Procuratorate using the form of "online celebrity anchor live broadcast" form. Commodity case. In response to the characteristics of live broadcast fake crimes and difficulty in obtaining evidence, the procuratorial organs transferred from clues to advanced intervention guidance investigations, from determining laws to accurate identification of crimes, and realized the full from "supply" to "cargo". Chain strike. At the same time, the procuratorial functions can be extended in accordance with the law, and the procuratorial advice is used to help the enterprise build the rules and establish a system through the development of procuratorial advice, guide the intellectual property protection consciousness from the source to the main body of online marketing marketing and the public, and help the healthy development of the new business format of the network economy.

Lock from a clue

Selling fake "Internet celebrity" anchor

"Prosecutor, we found that there is a live broadcast room on the Internet selling our brand's counterfeit costumes, which has affected our business operations." At the end of 2019, during a visit during the major investigation, the Shanghai Hongkou District Procuratorate received a well -known area in the area under the jurisdiction. The help of the clothing company said that there was a "Internet celebrity" anchor to sell counterfeit clothing for the company's brand in the live broadcast room, and the sales volume of live broadcasts reached more than 3 million yuan. After understanding the situation, the Hongkou District Procuratorate believed that the behavior could constitute a crime of infringement of intellectual property rights, and the clues were transferred to the public security organs in early 2020.

After preliminary investigations, the public security organs locked the "Internet celebrity" anchor Liao Mou, and found that it not only sold counterfeit the brand's brand clothing in the live broadcast room, but also sold a large number of fake Chanel, Dior, Louis Vuitton, including more than ten luxury brand clothing, accessories, accessories, accessories, accessories, accessories, accessories, accessories, and accessories. Watch and other products. After several months of meticulous investigation, the public security organs initially grasped Liao's criminal evidence and arrested it at the live broadcast site on August 28, 2020.

It is understood that the public security organs acted simultaneously in Hangzhou, Shaoxing, Shenzhen and other places, investigated and dealt with 8 fake den, and arrested more than 40 anchor teams and suppliers. More than 3,000 products.

The time returned to October 2017, and the live broadcast was on fire. Liao Mou signed a contract with a certain information technology Co., Ltd. and began to get involved in the live broadcast industry. Standing on the industry's air outlet, millions of fans have been accumulated in just three years, especially from the second half of 2019, data such as viewing and fan quantity data They rose quickly. With the accumulation of fans, Liao also had a team composed of 6 people and clear division of labor.

After investigation, before the incident, Liao ’s live viewers usually reached more than 200,000, and the average sales of the average sales could reach seven digits. Because of this, she sees traffic and fans particularly important. "What kind of goods do fans want, I will help them find it. I will sell which one is good."

In order to increase traffic and gain higher returns, Liao began to actively find merchants who could provide counterfeit luxury trademarks and sold them in the live broadcast room. The types of counterfeit products also increased from clothing to bays and accessories. Of course, this is the "transaction" that cannot be served on the table, so Liao and the live broadcast team and supplier in the process of displaying the goods in the live broadcast of the product, by referring to the brand, covering the platform inspections with tapes, and the deletion of replacement after the broadcast were released To cover up the facts of fake sales.

From "supply" to "cargo"

Full Chain Strike

Prosecutor Liao, anchor Liao

These actions of Liao have undoubtedly increased the difficulty of handling cases by judicial organs.

"In the early stage of clues, we found that compared with the traditional model of fake sales through physical stores and online stores, the sales model of live broadcast and cargo has the characteristics of real -time, cargo and delivery separation." Kong Yan, deputy prosecutor of the Procuratorate, said that this brought challenges to investigating evidence and solid evidence. For example, the live sales of the live broadcast is realistic. Once the back is deleted, how can the anchor prove that the anchor has sold fakes? The anchor is only selling goods for merchants. The goods are supplied by merchants. How to determine that the goods displayed by the anchor in the live broadcast room are the same commodity as the merchant selling goods? The anchor's identity is similar to the "advertiser" of online stores. This is the first live -sale criminal case of live sale of the Shanghai Procuratorate. During the handling of the case, the prosecutor encountered many difficult problems.

In order to solve these difficult problems, the court immediately involved in and guided the investigation in accordance with the law in accordance with the law in accordance with the law. In the exploration, it was clear that the new types of cases and the subjective and subjective levels of evidence collection and evidence standards in different levels of the new types of cases were determined from the "" Supply "to" full -chain "full chain crackdown ideas.

"According to the characteristics of online marketing behaviors, use enough electronic evidence to clarify the role of online marketing to participate in all parties, so as to accurately identify the subject and criminal facts." 'In the link, we guide the investigating agency to record screens and screenshots of the live broadcast process. After that, they retrieve Liao's live sales data from the live broadcast platform and e -commerce platforms. , Construct a connection between the 'bringing goods' and 'supply'. "Kong Yan told reporters that this comparison is a complex analysis process. Because the product link in the live broadcast room will jump directly to the merchant link, the prosecutor determines The idea of ​​"starting from the merchant's sale data and screening the live broadcast of counterfeit people". Focusing on the list of merchants and sales products, first determine how many fakes have the merchant sold, and then compare the live sales data of the anchor, eliminate the return refund and the order, and finally screen the anchor to sell counterfeit the above infringement in the live broadcast of the anchor in the live broadcast. According to the data of the product, in this proof of the "selling" model, the goods sold by Liao Mou live with the actual shipment of the merchant are the same counterfeit registered trademark products, and further clarify the infringing product brands and brands and brands and brands sold through live sales. Amount.

"'Buyer', the buyer's witness testimony, purchase records, and the real objects and photos of the purchased products are enough to prove that the product is purchased from Liao Mou's live room, and the actual delivery of the merchants also has counterfeit registered trademarks." In addition Mu Li, an organizer of a case and the prosecutor of the Seventh Procuratorate of the Hongkou District Procuratorate, said, "The" Certificate of Trademark Registration "provided by the right holder and the identification opinions of the goods involved in the case can further confirm that Liao and others are selling live sales. Infringement with counterfeit registered trademarks. "

So, how to prove the intention of the anchor team to sell counterfeit registered trademarks? The prosecutor found that although the trademark was covered by the tape during the live broadcast, Liao always used "Grandma incense", "Donkey's Family", "Di Family" and other generations to imply commodity brands, and used "tail units" to confuse the source of goods, and Dispostering the trademark when showing the product, to mislead consumers.

"These behaviors that want to cover up prove that Liao and others know that they sell fake infringing goods, and hope to increase traffic and increase sales by selling counterfeit names." Mu Li told reporters.

In addition, webcasting fakes often involve a large number of brands. Should Liao ’s sales of counterfeit brand products selling in the live broadcast room should be identified as their criminal amount? In this regard, the procuratorate adheres to the principle of consistent subjective and consistent, strictly reviews, and precisely strikes.

The procuratorial organs found that for the products of a registered trademark of a certain brand, Liao Mou had obtained the relevant authorized certification documents from the supplier before the broadcast, and then displayed in the live broadcast room. There is indeed no sufficient evidence to confirm that Liao ’s live broadcast team subjectively knows that it is a product of counterfeiting the brand's registered trademark, so the sales amount of related products is peeled off from the crime amount.

Prosecutor appeared in court to support prosecution

On March 26, 2021, the Hongkou District Procuratorate filed a public prosecution to the court with six people in the live broadcast team suspected of selling counterfeit registered trademarks. On June 29, the Shanghai Yangpu District Court sentenced Liao to three years and four months in prison for selling counterfeit registered trademarks and fined 400,000 yuan; The penalties ranging from two months to two years are paid for fines ranging from 50,000 yuan to 5,000 yuan. Some defendants apply for probation (39 related people related to fake merchants have been sold to sell counterfeit registered trademarks. Three years in prison, three years, eight months to five months of detention).

Liao Mou's live broadcast team and more than 30 suppliers were sentenced to punishment, and achieved a full -chain blow from "bringing goods" to "supply". The handling of the case provides a reference.

Does the cooperative company constitute a crime

While a crime blow to the anchor team and supplier, the prosecutor turned his attention to a information technology Co., Ltd. signed by Liao Mou. As a signing anchor, the company forms a live broadcast team for Liao Mou to carry out live broadcast teams. So is the company suspected of crime?

In order to find out the facts, the prosecutor carried out its own reconnaissance on the basis of guiding the investigation, and retracted cooperation agreements signed by an information technology Co., Ltd. with an anchor, labor contracts signed with employees, job responsibilities, corporate rules and regulations and other company documents Ask the company's executives and heads of departments, and asked Liao Liao's live broadcast team members to further find out the affiliation relationship, cooperation model and live work process between the company and the contract anchor.

"We found that although Liao was a cooperative relationship with the Information Technology Co., Ltd., and the company was equipped with a live broadcast team based on Liao's fan volume and live sales volume. With a large right to choose from, its specific live broadcast behavior does not need to report to the company, and is not dominated and controlled by the company. "Mu Li said that after investigation, they found that as the core figure of the live broadcast team, the counterfeit infringing goods involved in the case are Liao Liao Liao Liao A live sales of a certain decision, the company does not involve crimes.

Although the company did not directly participate in the crime, as a live e -commerce service agency, it neglected the supervision and management of the signing anchor, which led to a certain degree of disorder and misconduct for the signing anchor sales behavior, and the company's reputation was damaged. In response to the criminal compliance risks of the live -broadcasting e -commerce enterprise found in the case, the procuratorial organs have sorted out the company's risk points on the basis of a detailed understanding of the company's rules and regulations and business management models to urge them to carry out rectification in a timely manner. To this end, the Information Technology Co., Ltd. has carried out a series of rectifications such as cooperation agreements with anchors, full business compliance training, self -examination and self -correction, and business inspection, and started to explore business transformation.

Prosecutors went to a company on the spot to disclose to the procuratorial advice

In order to help enterprises continue to standardize operations and fully stimulate the vitality of innovation and development, the procuratorial organs further study the relevant laws and regulations of the live broadcasting e -commerce industry, study and judge the frequent risk points of the industry, combine the live broadcast industry attributes, the characteristics of the enterprise, and the censorship of the case. Information Technology Co., Ltd. issued procuratorial proposals and announced on -site to supervise and guide the company to improve relevant mechanisms to promote the company's business transformation.

"In response to the content of procuratorial suggestions and combined with the rectification measures carried out in the previous stage, we continue to optimize the main business from the aspects of corporate structure, business model, personnel management and risk prevention and control, design compliance rectification plans, and gradually promote implementation." At present , Hongkou District Procuratorate received the company's procuratorial proposal to reply letter. The company stated that it has gradually transformed its main business from the expert incubation model of the expert in cooperation with the anchor to a traffic service model in cooperation with the brand to avoid the original business model. The legal risks brought by the loss to the company due to the failure of the anchor.

Protection new formats Sustainable and healthy development

As a new type of e -commerce marketing model, live broadcast and bringing goods are becoming increasingly mature, and unfair competition behaviors such as false propaganda, infringement and fakes have gradually emerged.

It is reported that in recent years, the number of cases of infringement of trademark rights accepted by the Shanghai Procuratorate has continued to increase, an increase of 19.6%in 2021. In order to maintain the security and order of online e -commerce marketing, the city's procuratorial organs have cracked down on the full -chain of intellectual property crimes in the field of intellectual property in the field of intellectual property, and also rely on intellectual property procuratorial functions. , Guide the right holder to safeguard the legitimate rights and interests, help enterprises regulate business activities, and support the sustainable and healthy development of the intellectual property economy.

"Thanks to the procuratorial organs for its strong blow to fake infringement crimes." I heard that the case was filed a lawsuit, and a well -known brand company representative who was infringed came to the procuratorial organs to express gratitude. During the handling of the case, the Procuratorate of Hongkou District actively implemented the substantial participation of the right holder to participate in the litigation system. After the case was accepted, the litigation rights and obligations enjoyed by the right holder were notified in time, and the progress of the case was notified. , Effectively make up for the losses of the right holder and get the gratitude and recognition of the right holder.

"In the process of the development of the new format, market operators should bear the corresponding audit oberms. While self -discipline organizations such as industry associations and other self -regulatory organizations should also pay attention to the protection of intellectual property rights in the industry." People told reporters, "We have maintained close communication with the Municipal Doubles and Market Supervision Bureau, and accurately lock the key links of illegal crimes, and effectively cut off the infringement interest chain."

After the case was completed, the work of the procuratorial organs continued. Prosecutors found that the legal awareness is very weak whether it is anchor or a merchant. Only the high and low sales data are used as the main consideration for determining the live broadcast products. It has never realized that some behaviors have violated the law and even constituted a crime.

In order to strengthen traceability governance and prevent crimes from the source, the city's procuratorial organs sort out and analyze the case handling, and release typical cases in a timely manner. Persons such as live broadcast economy participants enhance intellectual property protection awareness and jointly create a good online marketing environment.

Investigation of evidence collection, visiting companies, and issuance suggestions ... During the handling of the case, the prosecutor ran back and forth in Shanghai and Zhejiang. "Based on the four dimensions of the defendant, the right holder, the person involved, and the public, we can perform their duties before the three stages of the complaint, the middle, and the post. Performances of combat, prevention, supervision, and governance, and the sustainable and healthy development of the new format of the network economy.

(Prosecutor's Daily Jiangsu Yan Pan Zhifan Kong Yan Mu Li)

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