As of December 2017, the number of Internet users in China reached 772 million, the number of mobile Internet users reached 753 million, and mobile Internet users accounted for 97.5%. With the rapid development of the Internet and the digital economy, various forms of business have continued to flourish in the social networking platforms of the Internet, and the associated protection of intellectual property rights is facing new situations and challenges, bringing new challenges to the platform. Tencent’s general counsel, Ai Wenbo, stated that WeChat has continuously improved the protection and protection of intellectual property rights in the rapid development, and established various intellectual property protection functions such as brand rights protection platform and full-scale electronic tort complaint system in the entire WeChat scene. Throughout the product's entire process.
According to the report, in the high-frequency keywords of complaint information, "buy," "counter," "original," and "high imitation," are the most frequent, and "counter," "original," and "high imitation," are ranked 234. "Customization," "A cargo," "factory," "replica," and "1:1" are also at the top. From the category of goods covered by the complaint, footwear, bags, watches and garments were the most complained. Guangdong, Fujian, and Heilongjiang are high-risk areas in the area of infringement. It is worthy of praise that about 21% of users who submit complaint clues are based on public welfare. With the click of the complaint button in the upper right corner of WeChat, they can easily participate in “counterfeiting”.
Xie Lanfang, General Manager of Tencent’s Legal Affairs Platform Division, said that WeChat has created a comprehensive, innovative social platform brand protection program for “WeChat brand rights protection platform”, “Public platform overall operation protection” and “Comprehensive digital infringement complaints platform” “Trinity”. .
WeChat brand rights protection platform to break the bottleneck of infringement identification, infringement complaints cover the entire scene
Compared to online trading platforms, brand protection of social platforms is faced with more hidden and complex business forms. As a social service platform, WeChat relatively lacks the professional qualifications and capabilities of brand owners to identify counterfeit goods. Xie Lanfang, general manager of Tencent’s Legal Affairs Division, stated that there are “three difficulties” in dealing with infringement in the circle of friends, mainly because rights holders find it difficult to find infringing content; ordinary users are not suitable IP rights holders and complaints are difficult; WeChat does not have professional authentication capabilities. , difficult to identify.
For some illegal users to use the privacy scene to publish and disseminate information on counterfeit goods, it is difficult for brand owners to discover potential infringements. WeChat launches WeChat brand rights protection platform to solve the infringement identification bottleneck caused by the nature of social platform services.
Since its official launch in March 2016, the Weixin brand rights protection platform has accessed 186 domestic and foreign companies, covering 18 countries and regions, and has more than 400 well-known domestic and foreign trademarks. From a country perspective, companies in the United States, China, Switzerland, Japan, and France have more access. Judging from the distribution of continents, European companies access the most, accounting for 46%, followed by Asian companies, accounting for 30%. This data shows that countries and regions with better economic development and higher levels of legal protection have paid more attention to intellectual property protection.
As of December 2017, brand owners submitted 75,840 brand infringement notices to the brand rights protection platform. Of these, 73353 passed the audit and the audit completion rate exceeded 95%. The success rate of appealing users is less than 0.1%, and the accuracy of platform audits is as high as 99.9%.
In respect of the operation and protection of public platform authentication accounts, WeChat has established a name active defense mechanism, an integrated operation specification mechanism and WeChat.AppletsBrand protection and other measures. Through the trademark keyword database, the system actively intercepted improper naming requirements submitted by various developers and operators, and the average daily number of hit accounts is about 3,100. Xie Lanfang stated that the trademark keyword database actively takes over 97% of the interception at the front end, and the right holder only takes up less than 3% of the complaints, and has actively built a moat for the name protection of the public platform for brand owners.
In addition, the qualification keyword database interception mechanism has an average of 41,500 hits per day and hits 10,300 account numbers. Through the mandatory submission mechanism for qualification materials in the course of operations, accounts with an average of more than 97% of doubtful qualifications were eventually prohibited by the platform or excluded from the platform because they could not meet the requirements of the platform.
Xie Lanfang said that WeChat has established a comprehensive and convenient intellectual property rights online infringement complaints system, covering WeChat public accounts and WeChat personal accounts. The infringement complaints system can achieve electronic data on complaints, visualization of complaints, high processing time, and clear processing results. Compared to the Weixin brand rights protection platform, the use of the infringement complaints system does not need to apply for access in advance, covering the entire scene of WeChat products. All brand owners can complain after discovering infringement.
In addition, from 2016 to now, the electronic tort complaint system has handled more than 28,900 complaints involving trademark and brand infringement, of which there are about 11,150 complaints against the public platform and about 17,750 complaints against the Wechat personal account. .
For the newly launched small program, WeChat uses multiple techniques to judge and actively conduct inspections to protect brand equity under the function of the applet. Wechat added targeted release auditing mechanisms, which means each small program needs to go through the platform to perform audits in accordance with the relevant auditing regulations before intercepting it, intercepting the obvious illegal programs. For the infringement issues that can not be found in the audit, set up a full and effective "platform-developer" transfer channel, and ask the developers to respond to the complaints and deal with them in a timely manner.
Recently, WeChat found out through user complaints and proactive inspections that it has permanently banned 1,833 infringing high imitation class applets, and intercepted the registration, certification, and audit links.
Guangdong, Fujian, Jiangsu, and Zhejiang are high places for fake public numbers
According to the report, from the high-frequency keywords of the complaint information, "buy", "counter", "original bill" and "high imitation" appeared most frequently, and the biggest popular word "buy" appeared 23,088 times. "Counter", "original bill" and "high imitation" are ranked 234. "Custom", "A", "Factory", "Engraved" and "1:1" are also in the front row. Most counterfeiters tried to conceal the essence of selling counterfeit goods by promoting the legitimacy of the origin of the goods, and defrauded other users of the words “buy,” “counter,” “customs,” and so on. From the category of goods covered by the complaint, footwear, bags, watches and garments were the most complained.
Guangdong, Fujian, and Heilongjiang are high-risk areas in the area of infringement. After analyzing the registered areas of the account being processed, the respondents' accounts are concentrated in Guangdong, Fujian, Heilongjiang, Jiangsu, Zhejiang, and Jiangsu provinces. Among them, Guangdong accounted for 26.04% of the total, with Fujian accounting for 10.67% and Heilongjiang accounting for 9.88%. According to the public statistics and reports of the media, Guangdong, Fujian, Jiangsu, and Zhejiang are also the places where counterfeiting is illegal.
This type of online and offline infringement has a high degree of coincidence, which fully demonstrates that online brand infringement is essentially an offline infringement, and the problem of commodity infringement on the Internet is caused by the real society. It also shows that further deepening the fight against brand infringement requires online and offline “two-handedness and two-handedness”.
Advocate "platform-right-user" joint anti-counterfeiting
With the rapid evolution of social user behavior patterns and business forms of social platforms, the brand protection situation of social platforms will become more complicated. Xie Lanfang said that the brand rights protection platform has changed the traditional “rightholder complaints-web service provider” processing model. Users can submit false clues to the platform and right holders at the same time to build a bridge between the three parties and use the power of the majority of users to crack down on WeChat. The sale of counterfeit goods will achieve the effect of safeguarding the rights and interests of all rights.
In addition, according to the report, the WeChat brand rights protection platform has recently completed the upgrade plan and completed the comprehensive upgrade of the 38 functional modules of the 4 major functional modules. This will allow right holders to deal with infringement leads more easily and make the platform more accurate and efficient. .
"Protecting the legitimate rights and interests of brand owners is a result of our self-requirements and self-driven, as well as an important part of Tencent's intellectual property protection strategy." Ai Wenbo said that the protection of intellectual property rights in the Internet environment is a systematic task. Tencent, branding parties, users and society need to make concerted efforts to promote the whole.