The Interim Measures for the Administration of Online Commodity Trading

In recent years, with the rapid development of e-commerce in China, online commodity trading has become one of the important forms of commodity trading in society, and its important position in the daily life of consumers has become increasingly apparent. However, illegal acts such as false online publicity, infringement of intellectual property rights, and sale of counterfeit and shoddy goods occur from time to time, disrupting the normal order of online commodity transactions and harming the legitimate rights and interests of consumers and operators. In order to enhance consumers' ability to discern online consumption, and to strengthen the role of administrative organs in publicizing and warning in the supervision of online commodity transactions, and in conjunction with the cases of online violations investigated and handled by the national administrative organs for the return of workers and merchants in recent years, nine types of typical online commodity transaction violations are hereby announced to the public, including online infringement of intellectual property rights, "famous brands", sales of counterfeit and shoddy goods, false publicity to mislead consumption, malicious defamation of competitors' business reputation and product reputation, and use of standard contracts to infringe on the lawful rights and interests of consumers.

Kuanhu hopes that the majority of network operators should take the initiative to assume more social responsibilities while consciously abiding by relevant national laws and regulations when engaging in online commodity trading. At the same time, it is also necessary to actively cooperate with the administrative organs to jointly maintain a good environment for online commodity trading and jointly promote the healthy and orderly development of the online commodity trading market. 1. Selling goods that infringe the exclusive right to use a registered trademark.

2. Violating the relevant regulations on enterprise registration management, forging or fraudulently using the company's name. 3. The use of names, packaging, and decorations similar to well-known commodities causes confusion with other people's well-known commodities, and Qiaosen misleads consumers. 4. Using the webpage to publish enterprise or commodity information that is inconsistent with the real situation and carrying out false publicity.

5. Maliciously slandering and damaging the business reputation and product reputation of competitors. 1. Subjectively intercept the default settings and installation of competitors' products. 2. Induce unloading.

3. Affect the use. 6. Selling counterfeit and shoddy goods, harming the interests of other business operators or consumers. 7. Engaging in business activities that require a business license as stipulated by laws and regulations without permission.

8. Violating relevant provisions by leaking or selling consumers' personal information without authorization. 9. Using standard contracts to make unfair and unreasonable provisions to consumers, infringing on the rights and interests of consumers.

The Measures for the Supervision and Administration of Online Transactions shall come into force on May 1, 2021.

What measures may be taken in accordance with law by the market regulation departments when investigating and handling suspected illegal online transactions:

1. Conduct on-site inspections of places related to suspected illegal online transactions in Quiet Doosan;

2. Consult and copy the contracts, bills, account books and other relevant materials related to Qizhong's suspected illegal online transactions;

3. Collecting, retrieving, and copying electronic data related to suspected illegal online transactions;

4. Inquire about the parties suspected of engaging in illegal online transactions;

5. Investigate and understand the situation from natural persons, legal persons and unincorporated organizations related to suspected illegal online transactions;

6. Other measures that may be taken according to laws and regulations.

Where it is necessary to report for approval in accordance with law to adopt the measures provided for in the preceding paragraph, approval formalities shall be completed.

The departments for market regulation may use electronic data evidence for the implementation of administrative punishments or the adoption of administrative measures.

In summary, it will come into force on May 1, 2021. The regulations have formulated a series of specific institutional rules to regulate trading behaviors, consolidate the main responsibilities of platforms, and protect the rights and interests of consumers.

Legal basis]:

Article 56 of the Measures for the Supervision and Administration of Online Transactions.

These Measures shall come into force on May 1, 2021. On January 26, 2014, the Measures for the Administration of Online Transactions promulgated by Order No. 60 of the former State Administration for Industry and Commerce shall be repealed at the same time.

Legal analysis: The principles of voluntariness, equality, fairness and good faith should be followed in the supervision and management of online transactions. In addition, it is necessary to abide by laws, regulations, rules and commercial malpractices, morality, public order and good customs, participate in market competition fairly, conscientiously fulfill legal obligations, actively assume the main responsibility, and accept supervision from all walks of life.

The State Administration for Market Regulation is responsible for organizing and guiding the nationwide supervision and management of online transactions. The local market supervision and administration department at or above the county level shall be responsible for the supervision and management of online transactions in the administrative area of the Bank. You should insist on abiding by laws and regulations, don't do things that violate the law and discipline, and you will not easily get rid of the punishment of the law, and you will eventually receive the punishment you deserve.

Legal basis: "Measures for the Supervision and Administration of Online Transactions" Article 3: Online trading operators engaging in business activities shall follow the principles of voluntariness, equality, fairness, and good faith, abide by laws, regulations, rules, business ethics, public order and good customs, fairly participate in market competition, conscientiously perform legally-prescribed obligations, actively assume entity responsibility, and accept oversight from all sectors of society.