The Connotation and Judgment of E-commerce Platform's Obligation of"Establishing Intellectual Property Protection Rules"
The"E-Commerce Law"stipulates the obligation of"establishing intellectual property protection rules"that have,but the relatively simple expression leads to different understandings,which accordingly cause different results in the application of law.In this regard,it needs to be clarified in conjunction with the characteristics of e-commerce and the legislative considerations of relevant provisions.The obligation of"estab-lishing intellectual property protection rules"represents China's latest exploration in refining intellectual prop-erty protection in e-commerce activities.It reflects China's desire to ensure that the e-commerce platforms pre-vent and control intellectual property infringement through platform self-regulation.Therefore,the establish-ment of protection rules needs to be based on existing regulations within the framework of active governance.When specifically determining whether the establishment of the protection rules meets the requirements,we could firstly analyze whether the rule refines the legal provisions and whether it violates the legal requirements.Secondly,we could analyze whether there are active measures to prevent and control the infringement that is different from the existing legal provisions,but these measures are not mandatory to be fully original.Thirdly,we could analyze whether the established rules are actually implemented and whether they are just a mere for-mality.Such an understanding can both ensure its operability and reduce its potential adverse effects on the market.
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