The Supreme People's Procuratorate released six typical cases of punishing crimes against market competition order according to law, including a case of "live broadcast with goods", in which anchor Liao and his team sold infringing goods through live broadcast and were finally investigated for criminal responsibility.
As a new e-commerce marketing model, "live broadcast with goods" has brought huge economic benefits through the "realization" of traffic and promoted the vigorous development of the network economy. At the same time, however, under the temptation of interests, unfair competition behaviors such as single-brush speculation, false propaganda, infringement and sale of fake goods have gradually emerged. Compared with offline sales, live broadcast breaks the time and space constraints, and products sell more and farther. Therefore, the live broadcast of infringing goods is more harmful, which not only damages the legitimate rights and interests of registered trademark owners and consumers, but also disrupts the market competition order and must not be condoned.
China's criminal law clearly stipulates that whoever sells goods that are knowingly counterfeit registered trademarks and has a large amount of illegal income or other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined, which provides a strong basis for the judicial organs to severely punish the crime of infringing on and selling fake goods in the live broadcast field according to law.
Typical cases released by the Supreme People's Procuratorate also sent a signal of severe punishment. Just like the above case, although the goods are provided by merchants, the sales volume is generated by live broadcast, and the roles of merchants and anchors in live broadcast complement each other. To this end, the procuratorial organs dig deep into the industrial chain behind fake anchors and crack down on upstream crimes such as fake businesses. In this case, 39 fake businesses were sanctioned by law. Through this typical case, it is also clear to the society that whether suppliers, marketers, anchors or other participants in the live broadcast team sell goods that they know are counterfeit registered trademarks, they may be investigated for criminal responsibility.
Fair competition is the internal driving force to stimulate market vitality, and the compliance operation of live broadcast e-commerce enterprises is the cornerstone of the healthy development of new formats of live broadcast marketing. Maintaining a fair and just market competition environment depends not only on law enforcement and judicial organs to jointly crack down on all kinds of illegal and criminal acts that undermine the order of market competition, but also on all market players, including enterprises and anchors, to firmly establish a sense of compliance, firmly hold the bottom line and not touch the red line.