ARTICLE
31 October 2018

Chinese E-Commerce Law Includes Provisions On IP

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Articles 41 to 45 specifically address intellectual property.
China Intellectual Property

Chinese E-Commerce Law was passed by the Standing Committee of National People's Congress on August 31, 2018 and is to take effect on January 1, 2019.

Articles 41 to 45 specifically address intellectual property. The e-commerce platform may be held liable if it does not take measures after receiving complaint from an IP owner that a business on the platform infringes it's IP. If the business on the e-commerce platform states that there is no infringement, the e-commerce platform will inform the IP owner who then must take actions at an administrative authority or in court within 15 days. Otherwise, the e-commerce platform will stop the measures it has taken against the business on platform.

Here is the link of the full text of the Chinese E-Commerce Law http://www.npc.gov.cn/npc/xinwen/2018-08/31/content_2060172.htm

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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