intellectual property "pit avoidance guide" of cross-border E-commerce

出海易/ 2022-05-11
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in recent years, with the rapid growth of the scale of cross-border e-commerce transactions in China, disputes in the field of cross-border e-commerce, especially intellectual property disputes, have also increased day by day, Intellectual property has become one of the important competitive means for overseas enterprises to restrict China's cross-border e-commerce practitioners

intellectual property

cross border e-commerce intellectual property infringement mainly includes the following types:

the first is copyright infringement . The first is to use the pictures, advertisements and music of the copyright owner for publicity without the permission of the copyright owner. The more typical behavior is" stealing pictures" 。 The second is the act of selling and disseminating works without the consent of the obligee. For example, pirated books, pirated films, etc., the third kind of behavior is to modify the works of others without the consent of the obligee

followed by trademark infringement . Trademark infringement is a "high-risk area" where intellectual property infringement occurs frequently in cross-border e-commerce business activities

and finally patent rights . Compared with copyright infringement and trademark infringement, patent infringement accounts for a small proportion in intellectual property infringement cases, which is caused by the complexity and professionalism of patent infringement confirmation

improving the awareness of intellectual property protection of cross-border e-commerce enterprises, improving the ability of independent innovation and improving the construction of enterprise intellectual property system are the fundamental measures to deal with the risk of intellectual property infringement of ordinary cross-border e-commerce enterprises

in the process of "going global" of China's cross-border e-commerce enterprises, enterprises should pay full attention to the protection of intellectual property rights and fully understand the relevant intellectual property laws and regulations of importing countries before expanding overseas markets; Make a good layout of intellectual property rights in advance to meet the market demand of products and the capital situation of enterprises, and register and apply for relevant intellectual property rights in major global markets in advance; Do a good job in intellectual property risk investigation and early warning, and try to avoid intellectual property infringement in product production, procurement and marketing

intellectual property

in the face of the increasing problem of intellectual property infringement when cross-border e-commerce sellers sell products, cross-border e-commerce sellers need to improve their intellectual property ability and risk prevention and control ability to avoid losses and affect the reputation and image of the store; at the same time, because there is a certain professional threshold for the analysis and judgment of intellectual property infringement, it is suggested that the sellers should seek the help of professional lawyers in time and cooperate with the evaluation opinions of lawyers Rational response

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