Overview and response strategies for cross-border e-commerce intellectual property infringement

In cross-border e-commerce, trademarks, as a key element in identifying goods and services, carry consumer trust and brand value. Distinctive trademarks not only help consumers identify high-quality goods, but also provide necessary legal protection for trademark owners, helping to safeguard their rights and interests and avoid the risk of counterfeit and shoddy goods. However, the graphic symbol nature of trademarks makes them easy to be copied and counterfeited on the Internet, leading to infringement.

Exhibitions of trademark infringement

According to Article 52 of the Trademark Law of the People’s Republic of China, trademark infringement mainly includes the unauthorized use of identical or similar trademarks, the sale of trademark-infringing goods, and the forgery of registered trademarks. In cross-border e-commerce, common forms of infringement are also reflected in the use of logos similar to others’ registered trademarks in product pictures, descriptions and keywords. Especially in terms of domain name squatting, malicious registration of other people’s trademarks, company names, etc. as domain names has caused huge losses to trademark owners.

The impact of intellectual property infringement

The serious infringement of intellectual property rights in the domestic cross-border e-commerce industry has affected the international image of Chinese sellers and even led to a decrease in overseas consumers’ trust in Chinese products. The consequences of infringement include legal liability and economic losses, which may lead to interruption of store operations, loss of customers, additional expenses and other problems. In serious cases, infringement will constitute a crime, and the infringer will be held criminally responsible according to law.

Strategies for dealing with intellectual property infringement

In order to effectively respond to intellectual property infringement, companies need to take the following measures:

1. Strengthening research on legal mechanisms: Companies should attach great importance to research on foreign legal mechanisms to ensure that products and services do not involve the risk of intellectual property infringement.
2. Establish a sound intellectual property management mechanism: Set up specialized agencies and formulate rules and regulations to ensure the protection of intellectual property rights.
3. Technology R&D and confidentiality system: Clarify the ownership of intellectual property rights of R&D projects and ensure that employees keep the company’s intellectual property confidential.
4. Attach importance to independent innovation: Enhance corporate innovation capabilities and apply for intellectual property protection in a timely manner to avoid the risk of infringement caused by failure to apply for patents.

Legal liability for intellectual property infringement

Legal liability for intellectual property infringement includes civil liability, administrative liability and criminal liability. Administrative liability can be divided into dual penalties of confiscation and fines for goods that infringe trademarks. In terms of criminal liability, serious infringements are punishable by imprisonment and fines.

Legal remedies for intellectual property rights

For the infringed party, you can choose non-litigation methods to solve the infringement problem, including issuing warning letters, using platform rules and negotiation, etc. If the infringement is serious, you can complain to the administrative department or file a lawsuit in court. Litigation involves issues of statute of limitations and case jurisdiction. Litigation usually needs to be filed within two years from the date of the infringement.

Conclusion

The rapid development of cross-border e-commerce has put forward higher requirements for intellectual property protection. While expanding into the international market, businesses must enhance their awareness of intellectual property rights and take practical and effective measures to prevent and respond to potential infringement risks. Only through reasonable legal compliance and professional intellectual property management can enterprises remain invincible in the fiercely competitive international market.