Live and cargo has developed rapidly in the past two years，As a very popular product promotion marketing method，Consumption scenarios are created through the content、Expansion of consumption willingness to socialize，Provides new motivation for promoting consumers to choose online shopping。But in the convenience and fast promotion channel、At the same time of extensive connection with consumers，It also provides space for some criminals to infringe intellectual property rights。Intellectual property issues in live broadcast and cargo activities were originally focused on selling counterfeit and inferior products，However, due to the participation of all parties in the live broadcast and cargo, all parties have actively promoting transactions，Make sales、Service Chain Extension、Invasion links increase，evolved into false publicity、Fake、Complexes of multiple problems such as after -sales and rights protection。Live and cargo as an emerging online sales model，For promoting transactions、The role of meeting consumers different needs is obvious，Also based on this，The protection of intellectual property in which should be strict and effective，Otherwise, it is not conducive to long -term development。

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Products on the online shopping platform more、Large sales，Make all kinds of imitation、Infringement products are easy to hide。According to the 47th "Statistics Statistical Report of the China Internet Development Status" released by the China Internet Network Information Center, it is displayed，As of December 2020，my country's online live user scale reaches 617 million，increased 57.03 million from March 2020。E -commerce live Bet365 lotto review broadcast users are 388 million，Users who have purchased products in e -commerce live broadcasts have accounted for 66.2%of the overall e -commerce live broadcast users。Such a huge user group，It means that live broadcast and cargo as an emerging form of online shopping，While rapidly attracting shoppers, it may also develop new forms of intellectual property infringement hidden dangers。

Taking a reported fake brand mobile phone screen in many places as an example，Criminals purchase cheap mobile phones by purchasing cheap mobile phones，Disassemble the screen、Test、Modification、Revolution，Paste the trademark of high -end brand mobile phones after the e -commerce platform、Live room with goods to sell outside，This is not simply online sales infringement，But the entire product chain has infringement。From the situation of various statistics and news reports，Live and cargo sales infringing intellectual property products are on the rise，Among them, there are even products that involve selling counterfeit registered trademarks、counterfeit registered trademark、Invading copyright、Sales infringement replica and other criminal acts。Especially fake trademark production and sales have formed a complete set of industrial chain，From production assembly to sales supply，All have achieved refined division of labor、Forming a system。These factors have increased the difficulty of the infringement of live broadcast intellectual property infringement。

　The type of infringement needs to be divided for specific distinction

Division of the presence of intellectual property in the live broadcast and cargo，Mainly divided into two types。One is the anchor in the live broadcast of the propaganda、Infringement related to interactive behaviors that attract consumers with the purpose of attracting consumers。Many anchors in order to attract users to enter and stop in the live broadcast room，It will use singing other people's songs and other forms to perform publicity performances or interaction，bet365 live casino games It may also choose to play music as the background to enhance the atmosphere。This kind of singing or playback is not authorized，Actions that are infringing copyrights。The decoration layout or the material in the live broadcast room，If there is a photographic work of others without authorization、Art works, etc.，It may also infringe on the copyright of others。Use various editing video works in the live broadcast，If the movie、TV series、Concert and even sports competition、Games and other clips to edit，Video that forms a matching with the product is played in the live broadcast，If you do not obtain the authorization of the right person in advance，It is also easy to cause the copyright of related video works to violate related video works。

Another is to bring goods、Selling products or services infringe intellectual property。Among them, the existing anchors directly sell counterfeit brand products，There are also some dealers who have formal authorization，But to implement the "true and false sale" infringement for more profit，Mixed forms of various forms。At this time, the accountability and responsibility of infringement liability，It involves the distinction of related parties。As far as the nature of live broadcast and cargo，Its essence belongs to marketing behavior，It is a part of the product or service sales link，But in the overall activity of implementing intellectual property infringement, it is played with the front and back of consumption、The role of transaction。If the anchor directly sells counterfeit products or directly co -produced fake sellers to sell fakes，Obviously, the direct bearing of the infringement liability is held accountable for the corresponding responsibility。In cases mixed with real and fake products when the latter seller is shipped，Although the implementation of the infringement uses live broadcast and cargo channels，Even the audience from the live broadcast room、Pick up、Pursuing the mentality of low prices，But the attitude of anchors bet365 Play online games and live broadcast platforms is important to account for liability。Whether the platform and the anchor of the cargo are available for sale、Infringement intention，Whether the supplier has bullying behavior、Delicate infringement requires corresponding evidence to support，Then distinguish responsibility。

　　System design should be based on the main body of multiple parties

The main anchor in the governance system of live broadcast intellectual property infringement in live broadcasts、Live Platform、Supplier manufacturers、Several major subjects of consumers and regulators。The construction of regulatory measures and the industry governance system shall be based on this，Considering space and links that play the role。

First，Strengthen live anchor、Bet365 app download the intellectual property risk prevention ability of the platform。To prevent the intellectual property risk of live anchors and platforms，It is necessary to do a good job of four aspects。First，Fighting the foundation of your own intellectual property right。This is the basic requirements for anchors and platforms engaged in live broadcasts，Regardless of the propaganda interaction in the live broadcast、Product introduction activity is still the use of various elements in the live broadcast room，All need to be reviewed in advance，Eliminate the hidden dangers of infringement。Second，Check the product and service of goods、Show the Intellectual Property Certificate。In the selection stage，To understand the intellectual property state of the product and service，Remove the product with obvious infringement through inspection of intellectual property certificates。In the live broadcast，Show the intellectual property certificate of the goods at an obvious position，Let consumers clearly understand and be convenient to query。third，Encourage right holders to supervise intellectual property rights。Live anchors and platforms shall actively establish contact with intellectual property right holders，Set a special supervision channel，Keep it unblocked to accept the intellectual property supervision of the right holder，A complaint of the right holder、Timely feedback when notification、Take relevant measures。Fourth，The platform should take the initiative to strengthen professional and technical support。Actively absorb the latest technical achievements in related technical fields，Strengthening technology research and development，Through the source traceability、Real -time monitoring、Online recognition and other technical means strengthen the protection of intellectual property rights for live broadcasts。

Next，Compact supply manufacturers、Intellectual property liability of the right holder。Supply manufacturers of live broadcasts with goods，If it is not the direct right holder of Bet365 app download the intellectual property right of related products，It should also obtain effective authorization in order to sell，Therefore, it is the basic responsibility to ensure that the intellectual property rights of the goods are in the normal state。The implementation of this responsibility，It includes products that are not allowed to sell intellectual property rights，It also includes the responsibility of selling infringement products for others to pursue its own rights。Based on this，Products in live broadcasts，The intellectual property liability of the supplier manufacturer determines that it should ensure that the product does not violate intellectual property rights，Otherwise, the consequences of selling infringing products must be assumed; and the right holder should actively pay attention to and supervise the sales situation of sales and own intellectual property related products，A complaint on the infringement、Provide clues、Report the case and other methods to stop it in time，Fully carried out rights protection operations。

again，Strengthen intellectual property education for consumers、Guide。Live and cargo is part of the attractiveness of consumers from low prices，Another part is consumers' trust in the anchor's individual，But bet365 Play online games if the product itself has a problem of infringing intellectual property，It is not a low price or an anchor's personal influence that can be covered。Given that ordinary consumers have difficulty in identifying counterfeit products，It is necessary to summarize the situation and typical cases of counterfeit products in live broadcasts，Release Consumer Guidelines，Help consumers identify true and false products、Rawnal consumption，It is more helpful to discover the commodities with intellectual property issues in time to report it。

Last，Establish an intellectual property rule for live broadcast and goods，Improve the supervision and efficiency of live broadcast and cargo。The current live broadcast and cargo supervision rules are not much for intellectual property rights，and the liveliness and temporary of live broadcast increased the difficulty of intellectual property rights protection and evidence，​​The specific punishment of live broadcast intellectual property infringement is not clear enough。This will affect supervision strength，On the other hand, it will not be able to supervise it in time。To achieve effective supervision of intellectual property rights for live broadcasts，It is necessary to regulate the rules of intellectual property rights from standardized live broadcast、Live and cargo intellectual property rights protection procedures and the establishment of live broadcast intellectual property infringement punishment mechanisms.，Special points for the protection of intellectual property protection based on live broadcasts。An important way to find an important discovery of intellectual property infringement as a live broadcast，The regulatory authorities should also improve the reward mechanism and rules of infringement and counterfeiting reports，Increase the reward for the reporters，Stimulating the enthusiasm and initiative of the public to participate in intellectual property protection。

　(Author Unit: Institute of Rule of Law of the University of Social Sciences)