The Shanghai Municipal Government has issued a draft document, Opinions on the Work of Intellectual Property Protection in E-commerce in Shanghai (Trial) (hereafter referred to as the Opinions), to strengthen intellectual property (IP) rights protection in the e-commerce sector. This initiative aims to enhance the credibility of the platform economy and ensure lawful and responsible business practices.
The Role of the Platform Economy
The platform economy is a significant driver of economic growth, optimizing resources, promoting cross-sector innovation, and expanding markets. However, the rapid development of e-commerce has highlighted challenges related to IP rights protection. The Opinions emphasize strict adherence to IP principles and encourage platform operators to fulfill their obligations responsibly.
Development Process
The drafting of the Opinions involved two key phases:
1. Research and Investigation
Authorities reviewed relevant laws and policies. On-site investigations were conducted with leading e-commerce companies and industry associations to identify challenges in IP protection.
2. Soliciting Feedback
The input was sought from government agencies and legal experts. The draft was made available for public comment to ensure diverse perspectives informed its development.
Key Provisions
The Opinions consist of 15 articles, focusing on guiding e-commerce platforms in fulfilling their IP protection responsibilities. Highlights include:
1. Internal Mechanisms
Platforms are required to establish robust IP complaint and reporting systems, improve identity verification, regulate information publication, and resolve disputes efficiently. Public disclosure of IP protection rules is also mandated.
2. Risk Monitoring and Prevention
Platforms are encouraged to leverage technology to monitor and prevent IP infringements. Measures include filtering and blocking links to infringing products.
3. Operator Responsibilities
The draft specifies the general requirements for "infringement notifications" and "non-infringement statements", clarifies the necessary actions platforms must take and the factors to consider, and requires platforms to cooperate with law enforcement by providing data on operators, products, or services and reporting major infringement or illegal cases.
4. Support from Government and Industry
The guidelines highlight the roles of government agencies, industry associations, and IP assistance organizations in supporting platforms to meet their IP protection obligations.
