Since the epidemic, the transaction volume of China's cross-border e-commerce has continued to grow rapidly and has become an important force in the dual cycle. Among the 33,900 existing cross-border e-commerce-related enterprises, 10,900 will be newly added in 2021, a year-on-year increase of 72.20%. While the scale of cross-border e-commerce platforms and merchants continues to expand, e-commerce has always faced many challenges from the field of intellectual property.
The report mentioned that cross-border e-commerce has the advantage of breaking through the geographical restrictions of transactions, while the intellectual property system is characterized by geographical features. Products that are protected by intellectual property rights only in one region are not protected by intellectual property rights when sold in other regions. In addition, due to the regional characteristics of trademark rights, the right holders and authorized users of the same trademark in different regions may be inconsistent, which brings challenges to parallel imports. The resulting debates and discussions also show that cross-border intellectual property not only involves intellectual property infringement, but also involves the management of intellectual property as an asset.
In order to improve the system construction and facilitate the healthy and rapid development of cross-border e-commerce, in recent years, China has continuously provided policy support under the guidance of the "E-commerce Law" to create development opportunities for cross-border e-commerce. The "Opinions on Accelerating the Development of New Business Formats and New Models of Foreign Trade" issued by the General Office of the State Council requires that cross-border e-commerce intellectual property protection guidelines should be studied and formulated to guide cross-border e-commerce platforms to prevent intellectual property risks.
The complex and ever-changing situation has brought unprecedented challenges to e-commerce intellectual property rights. The analysis of the report points out that the intellectual property compliance risk of cross-border e-commerce caused by external uncertainties is increasing continuously. Since the original intellectual property disputes have not been effectively resolved, new problems caused by the innovation and scale expansion of cross-border e-commerce are constantly emerging. The improvement of cross-border e-commerce compliance capabilities and awareness urgently needs more from the government, platforms and industry organizations. services and guidance. In addition, the development of foreign e-commerce is relatively lagging behind, and it is urgent to explore the establishment and improvement of e-commerce intellectual property protection and management norms suitable for cross-border trade.
In the face of opportunities and challenges, the report believes that the multi-party cross-border e-commerce intellectual property cooperation system is the hope of global e-commerce co-governance. Cooperation and dialogue among governments, law enforcement agencies, cross-border e-commerce platforms, intellectual property rights holders, operators and consumers is an effective intellectual property governance mechanism. China has taken the lead in forming intellectual property norms and standards for e-commerce platforms, and integrating the "Chinese experience" of e-commerce intellectual property governance into the cross-border e-commerce business rules system can promote the formation of industry standard rules for cross-border e-commerce intellectual property governance. Cross-border e-commerce should be guided to refine and solidify the existing platform practical experience, form a standard that can be promoted and replicated, and guide the establishment of e-commerce platforms that comply with national laws and industry practices, and take into account innovation incentives for development and maintenance of market order. Intellectual property protection system, build and improve industry intellectual property protection standards. Through standardized guidance and standard formulation, cross-border e-commerce companies are guided to establish platform intellectual property protection regulations that conform to best practices, establish platform intellectual property disputes response mechanisms, and prevent intellectual property risks in import and export trade.
Source: China Business News Network
