Intellectual property protection strategies and precautions in cross-border e-commerce

While cross-border e-commerce is booming around the world, it also faces major challenges in intellectual property protection. As the first line of defense in international trade, customs plays an important role in combating intellectual property infringement. This article aims to discuss the intellectual property issues of cross-border e-commerce commodities and provide corresponding solutions.

Customs Intellectual Property Protection Mechanism

There are two main ways for customs to protect intellectual property rights: ex officio protection and application-based protection. Considering that it is usually difficult for intellectual property rights holders to obtain the import and export information of other companies, customs proactively investigating and punishing infringements in accordance with their authority has become the most important way of protection at present. According to the “Regulations of the People’s Republic of China on the Customs Protection of Intellectual Property Rights”, companies must register their intellectual property rights in advance so that the customs can take timely action. In addition, filing can help deter potential infringers and prompt companies that inadvertently infringe to cease inappropriate behavior.

Infringement characteristics of cross-border e-commerce products

In the field of cross-border e-commerce, trademark infringement accounts for the vast majority of intellectual property infringement incidents (more than 98%). Although the Trademark Law of the People’s Republic of China provides a legal basis for the customs, there is a difference between the two because intellectual property rights have the nature of private rights, while customs protection has the color of public power. According to Article 57 of the Trademark Law, it is illegal to use the same or similar logo as a registered trademark on the same or similar goods without authorization. However, not all cases of trademark infringement are subject to customs protection, as private rights can be waived – that is, the rights holder can choose not to register certain similar trademarks.

Specific measures to avoid infringement

For companies engaged in cross-border e-commerce, choosing the right product is crucial. Hot-selling products such as drones, self-balancing vehicles, wedding dresses, etc. often encounter customs clearance difficulties in Europe and the United States due to patent or quality issues. Therefore, sellers should ensure that their products and supply chains are legal and compliant to prevent infringement issues.

Intellectual property rights cover many aspects such as trademark rights, patent rights and copyrights. The World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights requires countries to implement “border measures” that include the seizure of infringing goods. The past practice of simply copying well-known brands is no longer feasible. Many international brands have used legal means to protect their rights and interests, which has even affected Chinese sellers on some e-commerce platforms.

In order to effectively deal with counterfeit products from China, some industry organizations such as the American Bridal and Gown Industry Association (ABPIA) came into being and are dedicated to combating illegal sales. The luxury goods sector also faces severe challenges. For example, the Swiss Watch Industry Federation launches anti-counterfeiting activities every year. Faced with the strict legal systems of European and American countries, Chinese companies often find it difficult to resist once they are accused of infringement.

Conclusion

To sum up, cross-border e-commerce companies must attach great importance to intellectual property issues during their operations. They must not only be familiar with relevant laws and regulations, but also establish and improve internal management systems to improve employees’ legal awareness. Only in this way can we remain invincible in the fierce market competition.