The wide spread
of social media provide instant information to bring us more convenient lives.
However, as Internet platform proliferate and there is always lack of legal
control over the information transmitted, chance for misuse of unauthorized
items increase. Copyright infringement becoming a severe problem in China,
misused of advertising photos on shopping website are being known as a common
phenomenon, many sellers are using others photos to advertise their own products.
Although some protection system has been implemented by Taobao to prevent photo
infringement, false advertisement has never been putted to an end. The essay is
going to discuss why the present solution has been unsuccessful and how IRP
Team (Intellectual Property) of Taobao, SAIC (State Administration of
Industry and Commerce of the people’s
Republic of China) have crucial role to resolve this problem.
Proliferation of
advanced Internet platform such as Weibo and shopping website enhance the large
amount of photos being exposed and shared on Internet, this encourage online
shoppers to use unauthorized photos from those platforms. Most of illegal
sellers get infringing photos especially from Weibo as it shows high resolution
of photos. According to the report, Taobao has always been criticized for
offering counterfeit products and has often allows merchants to sell a brand’s
products without the brand’s authorization (Frank, 2015). Large
numbers of Taobao sellers post photos of products which are manufactured by
other shops, or advertise their own products by using other shops brand to attract more customers. Furthermore,
SAIC released a report claimed that 10.6% of products sold on major Chinese
websites on the Single's Day online shopping holiday were not legitimate
products from authorized dealers(Frank, 2015). This shows that the increasing
Internet platform had worsen the problem of copyright infringement and result
in false advertisement.
Taobao had implemented IRT Protection
System to deal with the problems. Online reporting system allows shoppers and
shop holders to report sellers who are using unauthorised photos. Penalty
system was being used to alert and penalise sellers who intend to “steal”
photos from other shops. However, the online reporting system has not been
successful as reporter has to provide series of original photos of products to
prove their ownership; the maximum size for uploaded photos is only 5MB. Numerous
reporters are complaining that they could only upload compressed photos which
look not much different from the photos being stolen. In many cases, it is
difficult for officers to differentiate the original photos and infringing photos,
furthermore ,it always take few days for them to complete the reporting
process. The inefficient measurements explain why the false advertising is
still rampant in China now.
To deal with this problem in more
efficient way, reporting system in Taobao have to be developed. Firstly, IRP
Protection System should increase more ways for people to provide information
and evidence during reporting process. According to Time News, Amazon is the
top online retailer with the largest sale in the world (Time News, 2013), it
putting more effort in resisting infringing photos through more complete and
sophisticated reporting system, to prevent counterfeit products from being sold.
It allows photos to be uploaded in forms of link if the images size is too big
and maximum fifty products can be reported at the same time, this helps sellers
to provide evidence efficiently and have higher chance to succeed in reporting.
Secondly, more details should be required from reporter when reporting. In case
of Taobao, the ownership of products and photos, especially between producers
and agent is always difficult to be identified. Moreover, as it is common for
sellers and agents to advertise their products by posting photos on various
platforms, original producers or brand were hardly being traced and recognized.
Therefore, the reporting list should include information such as status and
company name of seller, as well as personal information of shop owner and stuff
participated in the production of products and photos. As more information
provided, progress for investigation and report auditing may not be so time
consuming.
Apart from the development of reporting
system, SAIC also play an important role in supervising the operation of Taobao.
As mentioned before, Taobao’s reporting system has to be developed to increase
the efficiency of resisting infringing photos. However, it will only succeed if
IRT Team is fulfilling their obligation. Sina News reported that corruption
between sellers and IRT officers have became common phenomena in Taobao (Liang,
2012). Officers who accepted bribes help illegal sellers to remove report
towards them so those sellers can continue using infringing photos. In order to
prevent the operation of system being disturb by the dishonesty officers, SAIC
have to increase pressure on Taobao to supervise IRT Team by enhance relevant
law. In 2012, under the pressure of SAIC, nine Taobao stores have been closed
down and permanently barred from the Internet shopping platform after they
allegedly bribed Taobao employees for illegal gains (ChinaDairy, 2012).This
demonstrates that the surveillance of SAIC and the participation of Taobao
managers are essential in fighting with copyright infringement.
In conclusion, the proliferation of
social media encouraged the misused of unauthorized photos and further led to
the false advertisement. The inefficiency of IRP Protection System and
corruption among Taobao employee allows photo infringement continue to occur
rampantly in Taobao. Therefore, development of reporting system is essential to
resist infringing photos. Likewise, SAIC have responsibility to ensure that the
reporting system can be functioned effectively by supervise the IRP Team under
Taobao.
(905 words)
Reference:
Frank,T,(2015),Alibaba disputes a Chinese government report that
it sells phony goods. Internet Retailer.
Retrieved from: https://www.internetretailer.com/2015/01/28/alibaba-defends-itself-reports-it-sells-phony-goods
List of 10 Best Online Shopping Sites in the World (2013, November
30). Times News. Retrieved from:
http://www.timesnews.co.uk/974-list-of-10-best-online-shopping-sites-in-the-world/
9 Taoba stores shut for bribery (2012, May, 5).ChinaDairy. Retrieved from: http://usa.chinadaily.com.cn/business/2012-05/05/content_15217581.htm
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