Pinduoduo’s first shareholder letter, how will Pinduoduo’s intellectual property dilemma end? Most of Pinduoduo’s active users value the platform’s advantages most, namely “cheapness”. Indeed, Pinduoduo was able to go from start-up to listing in the United States in less than three years, largely due to its "low price" strategy.
On the evening of the 24th, Pinduoduo released its annual report for fiscal year 2018, disclosing complete operating data for the fiscal year. In 2018, the number of annual active buyers on the Pinduoduo platform reached 418.5 million, GMV reached 471.6 billion yuan, and revenue reached 13.120 billion yuan. All core data maintained a year-on-year growth of more than three digits.
When it comes to the form of competition, Huang Zheng said that the unprecedented "choose one from two" will continue for a period of time, but the inherent barriers will be broken, and the formation of competition and cooperation oriented by innovation and increment is inevitable. He also said that Pinduoduo’s strategy is not to create new monopolies, but to break them and provide new options.
Pinduoduo turns into a "pitfall" in seconds
High-speed growth will cover up many problems. Once the growth slows down, all the disadvantages will come one after another. Pinduoduo’s intellectual property chaos is a fact that is almost under the eyes of the whole world. It is said that 300 million people are fighting for Pinduoduo’s most inescapable problem. In order to fill the gap in inventory, Pinduoduo adopted a "zero entry fee, zero commission, and zero deduction" policy to attract merchants. This approach has weakened the supervision level, and the quality of the goods is really questionable. It seems that confusing brands on the platform has become a problem. This is one of Pinduoduo’s current customer acquisition methods.
How to complain about intellectual property infringement?
How to correctly defend rights in intellectual property infringement cases. Generally, enterprises can choose the following five rights protection methods based on the infringement, the severity of the consequences, and the goals:
1. Issue a warning letter.
For infringements and consequences that are not very serious, and the alleged infringing enterprise is not too large, the rights holder can remind the other party by issuing a warning letter and require it to stop the infringement.
2. Negotiate with the goal of compensation.
If the alleged infringement has caused a large loss to the right holder and the right holder is prepared to sue the infringer with the goal of obtaining compensation, he should take the initiative and fully before filing a lawsuit in court or sending a warning letter to the other party. Prepare evidence of infringement and evidence of losses suffered by oneself or benefits gained by the other party, so as to prepare for future court proceedings and gain an advantageous position.
3. Use litigation to promote peace.
The purpose of rights holders sometimes filing lawsuits in court is not to obtain a judgment from the court, but to negotiate with the alleged infringer and compensate for the losses caused by their infringement. Rights holders should clarify their own bottom line before negotiating between the two parties. At the same time, they should also try their best to investigate the other party's bottom line in order to better safeguard their legitimate rights and interests.
4. Use litigation to clear the market.
Many times it is difficult for the right holder to obtain full compensation from the lawsuit. However, if no lawsuit is filed, the infringement will spread and the right holder’s market share will be greatly affected, so the right holder has to file a lawsuit. Litigation to regain market share of genuine products. For example, a luxury brand can tolerate fake products with poor workmanship being sold at bargain prices in markets, but it will never accept high-imitation products being sold in hotels and shopping malls, because the consumer group of the former is not the target group of the rights holder, while the consumer group of the latter It is very likely that the target customers of the rights holder will be diverted. Therefore, even if the right holder cannot obtain sufficient compensation from the case, he will take legal measures, even criminal measures, to maintain his market share.
5. Use litigation to promote cooperation.
Sometimes, when the rights holder asks the alleged infringer to stop infringement or file a lawsuit in court, it does not really require it to stop using the rights holder's intellectual property rights, but uses it as a platform to encourage the other party to negotiate with the rights holder. Or mediate, and then both parties reach an intention to cooperate.
In fact, in recent years, the governance of the e-commerce field has gradually become a major issue in my country’s intellectual property protection work.
From legislation, judiciary, law enforcement to corporate autonomy, my country has achieved certain results in the protection of intellectual property rights in the field of e-commerce. Intellectual property rights infringements have been effectively curbed, and the order of e-commerce has gradually been standardized and orderly.
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