The national standard for the protection and management of intellectual property rights of e-commerce platforms (hereinafter referred to as the standard) jointly formulated by the General Administration of market supervision and administration and the State Intellectual Property Office was released on November 9, 2020. The standard combines the actual development of e-commerce in China, fully draws on the existing experience of e-commerce platform intellectual property protection, and is of great significance to promote and strengthen the protection of intellectual property rights of e-commerce platforms Nursing work has positive significance.

1、 Background and significance

The Party Central Committee and the State Council attach great importance to the intellectual property protection of e-commerce platform. In November 2019, the office of the CPC Central Committee and the office of the State Council issued the opinions on strengthening the protection of intellectual property rights, clearly proposing "to study and establish rules for the protection of intellectual property rights of cross-border e-commerce, and formulate standards for the protection and management of e-commerce platforms." In April 2020, the two offices issued the "2020-2021 implementation plan on strengthening the protection of intellectual property rights", further proposing "to study and formulate the management standards for the protection of intellectual property rights on e-commerce platforms, and to formulate and issue policy documents for the control of piracy, infringement and counterfeiting on e-commerce platforms." The research and development of the national standard for the protection and management of intellectual property rights of e-commerce platform is an important measure to implement the central decision-making and deployment, which helps to improve the e-commerce intellectual property protection system and optimize the business environment.

With the rapid development of China's e-commerce industry, platform intellectual property protection is facing complex challenges. Strengthening the protection and management of e-commerce intellectual property through standardized means is conducive to standardizing the intellectual property protection of e-commerce platform industry, responding to the new situation and new challenges posed by the complex changes of global governance system, and promoting the healthy and orderly development of e-commerce industry.

This standard covers patents, trademarks, copyrights, geographical indications and other types of intellectual property rights in e-commerce platform, and involves the responsibilities and obligations of e-commerce platform, platform operators and other related subjects. It can effectively guide e-commerce platform to protect and manage intellectual property rights, platform operators and operators in the platform to manage and use intellectual property rights, and consumers and the public to respect and protect intellectual property rights Knowledge of intellectual property.

2、 Main contents

The national standard of e-commerce platform intellectual property protection and management includes seven chapters, including scope, normative references, terms and definitions, e-commerce platform management, e-commerce network information platform requirements, organization intellectual property management and conformance testing requirements.

Chapter 1 "scope", Chapter 2 "normative references", Chapter 3 "terms and definitions" and Chapter 7 "conformance test requirements" stipulate the applicable scope of e-commerce, normative references, definitions of relevant terms in the standard and corresponding requirements to be met.

Chapter 4 "e-commerce platform management" defines the responsibilities and obligations of all parties in e-commerce. It includes information management, management system and intellectual property dispute resolution. This paper focuses on the standardization of the information record of the merchants entering the platform, the display of the information related to the intellectual property rights of the commodities, the intellectual property management system, the issuance of the infringement notice, the acceptance of the infringement notice, the disposal of the notice and the conclusion, etc.

Chapter 5 "requirements for e-commerce network information platform" puts forward specific requirements for the functions of e-commerce network information platform, including general requirements, functional requirements, evidence management requirements, supervision assistance and new technology application. It is required that the e-commerce network information platform should establish a relevant database for the storage of relevant information, evidence management, traceability management, assistance in verification, etc.

Chapter 6 "organization of intellectual property management" includes three parts: General requirements, institutions and responsibilities, information and intellectual resources. It standardizes the relevant parties participating in the e-commerce platform to establish an intellectual property management system, set up an intellectual property management institution, and provide full-time and part-time personnel or entrust professional institutions to manage on behalf of them, providing publicity, training, exchange, guidance and other services.

3、 Highlights

The standard is the first recommended national standard in China to clearly stipulate the protection and management of intellectual property rights of e-commerce platform, and it is the best practice to establish the protection of intellectual property rights in the field of e-commerce, taking into account the development of innovation incentives and the maintenance of market order. The standards strictly comply with e-commerce law, patent law, trademark law, copyright law and other relevant laws and regulations, and refine the responsibilities and obligations of relevant subjects in combination with the actual situation. The standard puts forward "China plan" in the field of e-commerce intellectual property protection, and also contributes "China Power" to the development of international e-commerce intellectual property protection management system.