E-commerce law and intellectual property protection in cross-border e-commerce: analysis of challenges and countermeasures

In the context of the increasing development of cross-border e-commerce, the issues of protecting consumer rights and intellectual property rights have become increasingly prominent. These issues involve e-commerce law, the international intellectual property protection system, and the main responsibilities of all parties involved in cross-border e-commerce. This article will comprehensively discuss relevant laws and regulations and their effectiveness in practical applications, and analyze how to strengthen the protection of intellectual property rights from multiple perspectives.

Consumer Rights Protection

The “E-Commerce Law” has established detailed safeguards in terms of consumer rights, such as returns, logistics responsibilities, invoices, etc. Among them, consumers can apply for advance compensation in accordance with the relevant provisions of Article 58 of the E-Commerce Law, and the platform needs to recover compensation from the merchant. In addition, platform operators must knowingly review products that protect the legitimate rights and interests of consumers, and bear joint and several liability for goods and services that do not meet standards. This provision provides legal protection for consumers in cross-border e-commerce.

International intellectual property protection system

Globally, the international protection system for intellectual property rights is constructed through multiple legal instruments and international organizations. For example, the Paris Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights provide a common legal framework for all countries and form a relatively unified international intellectual property protection system by harmonizing domestic laws. These international organizations such as the World Intellectual Property Organization (WIPO) are also promoting intellectual property cooperation and exchanges between countries.

Subject responsibility for intellectual property rights

In cross-border e-commerce, the protection of intellectual property rights is not only the responsibility of enterprises, but also the common responsibility of governments, platforms and other parties. The government needs to use administrative and legislative means to actively participate, and companies need to be responsible for the intellectual property compliance of their products. As managers of transactions, e-commerce platforms should also establish a complete monitoring mechanism to prevent the occurrence of infringements.

Strengthen law enforcement efforts and actual results

China continues to strengthen law enforcement in the protection of intellectual property rights, and cracks down on online infringement and counterfeiting through special law enforcement actions in patents, trademarks and other fields. In recent years, with the rise in intellectual property cases, especially the rapid development of cross-border e-commerce, the state has stepped up its crackdown on intellectual property infringements by establishing intellectual property courts and other institutions. The implementation of these policies and measures has gradually revealed the effects of intellectual property protection.

Conclusion and prospects

With the implementation of the E-commerce Law and the gradual improvement of international intellectual property protection, the responsibilities of all parties in cross-border e-commerce activities have been clearly defined. With the joint efforts of the government, enterprises and e-commerce platforms, intellectual property protection will be more stringent and effective in the future. This will not only help standardize market behavior, but also encourage innovation, thereby promoting sustainable economic development.

Through continued legal improvement and multi-party cooperation, intellectual property protection will provide a more solid guarantee for the healthy development of cross-border e-commerce and jointly promote the prosperity and development of the global market.