The national standard for the protection of intellectual property on electronic commerce platforms (hereinafter referred to as the standards), which was developed on 9 november 2020 under the joint leadership of the directorate-general for market supervision and the national intellectual property administration, takes full advantage of the existing experience of intellectual property protection on electronic commerce platforms in the context of the development of practical aspects of electronic commerce in the country and is of positive significance for the promotion of the protection of intellectual property on electronic commerce platforms。
Background and implications
The central party, the state council, attaches great importance to intellectual property protection on e-commerce platforms. In november 2019, the nco issued its opinions on enhancing protection of intellectual property rights, which explicitly proposed “to study the establishment of rules for the protection of intellectual property rights of cross-border electricians and the development of standards for the management of the protection of electrical platforms”. In april 2020, two organizations issued a plan for the promotion of the implementation of the opinion on enhanced protection of intellectual property rights 2020-2021, which further proposed “to study the development of standards for the regulation of the protection of intellectual property rights on electric power platforms and the development of policy documents to combat piracy, abuse and counterfeiting of electrical platforms”. The development of national standards for the protection of intellectual property rights on e-commerce platforms is an important initiative for the implementation of central decision-making deployments, which will help improve the intellectual property protection regime for e-commerce and optimize the business environment。
The e-commerce industry in our country has grown rapidly, and the protection of intellectual property rights on the platform faces complex challenges. Strengthening the regulation of intellectual property protection in electronic commerce through standardized means will help to regulate the protection of intellectual property in the e-commerce platform industry, respond to new situations and challenges posed by complex changes in the global governance system for the protection of intellectual property in electronic commerce and contribute to the healthy and orderly development of the e-commerce industry。
This standard covers multiple types of intellectual property rights such as patents, trademarks, copyrights, geographical indications, etc. In e-commerce platforms. It covers related subject-matter responsibilities and obligations, such as e-commerce platforms, platform operators, and can effectively guide e-commerce platforms in the protection and management of intellectual property rights, the management and use of intellectual property rights by platform operators and their operators, respect for and understanding of intellectual property rights by consumers and the public in society。
Ii. Main contents
The national standards for the protection of intellectual property rights on electric platforms include seven chapters on scope, normative reference documents, terminology and definitions, management of e-commerce platforms, e-commerce web-based information platform requirements, organization of intellectual property management, consistency testing requirements, etc。
Chapters 1, scope, 2, normative reference documents, 3, terminology and definitions, and 7, consistency testing requirements, set out the relevant scope of electronic commerce to which the standard applies, normative reference documents, definitions of relevant terms in the standard and corresponding requirements to be met。
Chapter 4, “management of e-commerce platforms”, identifies the principal responsibilities and obligations of all parties to electronic commerce. These include information management, regulatory regimes and intellectual property dispute resolution. Emphasis is placed on regulating the recording of information and the presentation of information on intellectual property rights (iprs) of commodities, the administration of intellectual property rights, the issuance of notifications of infringement, the admissibility of notices of infringement, the notification of disposition and conclusions。
Chapter 5, electronic commerce web-based information platform requirements, sets out specific requirements for e-commerce web-based information platform functions, including five aspects, namely, general requirements, functional requirements, evidentiary requirements, regulatory co-ordination, and application of new technologies. The e-commerce web-based information platform is required to establish relevant databases for storage, evidence management, retroactive management, assistance in verification, etc。
Chapter 6, “organization of intellectual property management”, comprises three components, namely, general requirements, institutions and responsibilities, information and knowledge resources, and regulates the establishment of intellectual property management systems by the relevant parties involved in e-commerce platforms, the establishment of intellectual property regulatory bodies with dedicated, part-time staff or professional bodies to administer them, and the provision of information, training, communication, guidance, etc。
Iii. Bright spots
The standard is the first national standard to be recommended for the regulation of intellectual property protection on electronic commerce platforms. It is the best practice to establish intellectual property protection in the field of electronics, taking into account innovation as an incentive for development and the maintenance of market order. In strict compliance with the relevant laws and regulations, such as the law on electronic commerce, patent law, trademark law and copyright law, the standard details the liability obligations of the subjects concerned in practical terms. The standards have proposed a “china programme” in the area of intellectual property protection in electronic commerce and have contributed to the development of a regime for the protection of intellectual property in international electronic commerce。
Relevant link: national standard bulletin of the people's republic of china [presentative] twenty-four
