In order to strengthen the legal protection of intellectual property rights and improve the social governance system for intellectual property protection, the State Administration for Market Regulation has studied and drafted the "Regulations on Assisting in the Investigation and Handling of Trademark Infringement Cases by E-commerce Platforms (Draft for Comments)" (hereinafter referred to as the "Regulations on Assisting in the Investigation and Handling"), which has recently been publicly solicited for opinions from the society. With the continuous expansion of e-commerce transactions in China, trademark infringement issues in the e-commerce field are increasingly receiving attention from enterprises and consumers. During law enforcement, the "Ghost Online Shop" was found to have prominent problems. For example, the Law Enforcement Inspection Bureau of the General Administration of Market Supervision organized to investigate and deal with 14 online stores suspected of infringing the exclusive right to use the registered trademark of "Fat Donglai" on platforms such as Pinduoduo, Taobao, Kwai, and JD. It was found that 10 online stores were not operating at the public address, and 8 of them could not be found. The phenomenon of online store operators' inability to find people 'is quite prominent and has become a difficult point for market regulatory authorities to investigate and deal with online infringement cases. To address the above issues, the "Regulations on Assisting in the Investigation and Handling of Trademark Infringement Cases" clarify the specific measures for e-commerce platform operators to assist market supervision departments in investigating trademark infringement cases, and focus on four key points: firstly, for those whose evidence can preliminarily prove the existence of trademark infringement, market supervision departments can notify e-commerce platform operators to take intellectual property protection measures in accordance with the law. Secondly, if the address information of the online store operator is inaccurate and cannot be contacted, the market supervision department should notify the e-commerce platform operator. E-commerce platform operators shall prominently mark the shop and product information of the parties involved, and notify the online store operators to truthfully provide relevant information and cooperate with market supervision departments for investigation. Thirdly, for relevant illegal cases involving multiple regions, the jurisdiction and collaborative investigation requirements of local market supervision departments shall be stipulated. Fourthly, it is emphasized that if e-commerce platform operators violate relevant regulations and provide convenient conditions for infringing on the exclusive rights of others' trademarks, and assist others in carrying out such acts, the market supervision department shall investigate and punish them in accordance with the law. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:Rule of Law Daily
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