(I) Disputes over trademark infringement
The so-called trademark right refers to the exclusive and exclusive rights enjoyed by the trademark owner over his trademark. In B2C cross-border e-commerce business, disputes over trademark infringement mainly include two types: one is the intellectual property dispute caused by the sensitive words involved in the product title or description; the other is the behavior of the product itself infringing the trademark rights of others. If the first situation occurs, the common way to deal with it is that the product cannot be put on the shelf normally or is forcibly removed from the shelf, while the consequences that may be caused by the second situation mainly include the platform forcibly removing the product from the shelf or freezing the account, entry and exit customs seizure, and infringement lawsuits. This type of infringement is also the focus of my country’s customs in recent years. According to relevant data from my country’s customs, in 2017, my country’s customs detained more than 40.94 million pieces of goods, of which more than 40.31 million pieces involved trademark infringement, accounting for 98.48% of the total amount of suspected infringing goods.
(II) Disputes over copyright infringement
Copyright infringement refers to the act of copying and redistributing works, publications, etc. owned by the copyright owner without the consent or authorization of the copyright owner. For example, using cartoon characters or product appearances owned by others on goods infringes on others’ copyrights. Since copyright infringement is often hidden and has not been taken seriously by Chinese cross-border e-commerce companies for a long time (or there is a fluke mentality), cross-border e-commerce disputes caused by copyright issues are the most common, and the lawsuits or account freezes caused by these disputes may mean a catastrophe for B2C cross-border e-commerce companies.
(III) Disputes over patent infringement
Patent rights refer to the exclusive right to implement a specific invention that the inventor or his assignee enjoys in accordance with the law within a certain period of time. The patent system is also different in different countries. Taking China and the United States as an example, in the United States, patent rights are divided into invention patents, plant patents and new model patents, and both invention patents and new model patents need to pass formal and substantive examinations. In China, patent rights are divided into invention patents, utility model patents and design patents, and invention patents need to pass formal and substantive examinations. Because patent disputes generally involve large amounts of money and are relatively complex, it is difficult for small and medium-sized enterprises that lack professional knowledge to assess and prevent risks in advance. In addition, such infringements have a greater international impact, so such infringements are the focus of crackdowns by all countries.