Ministry of Commerce, Measures for the Administration of the Disclosure of Electronic Commerce Information (Draft for Comments)

商务部电子商务信息公示管理办法 (征求意见稿)

March 20, 2020 | BY

Susan Mok

E-commerce platforms have IP infringement notification obligations

Promulgated: 2020-02-12
|

Issued: February 12, 2020

Main contents: Once an e-commerce platform operator receives notice from an intellectual property rights holder to the effect that it believes that its intellectual property has been infringed, the e-commerce platform operator shall, after ascertaining that the same satisfies relevant provisions, post the notice in the designated area within 48 hours (Article 21).

Once the e-commerce platform operator receives a declaration submitted by the business operator on the platform to the effect that it has not committed an infringement, the e-commerce platform operator shall post such declaration in the designated area within 48 hours (Article 22).

If, after the declaration of non-infringement of the business operator on the platform reaches the intellectual property rights holder, the e-commerce platform operator does not receive notice that the intellectual property rights holder has filed a complaint or instituted a legal action within the statutory time limit, it shall terminate the measures it has taken in a timely manner and post the handling result in the designated area within 48 hours (Article 23).

issued:2020-02-12

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