Please write a comparative analysis report on the current situation of intellectual property protect

Updated on technology 2024-06-14
2 answers
  1. Anonymous users2024-02-11

    The legal issues related to the protection of intellectual property rights in e-commerce are as follows:

    1. With regard to online purchases of counterfeit goods, where the e-commerce platform operator knows or should know that the goods sold or the services provided by the operators on the platform do not meet the requirements for protecting the safety of persons and property, or that there are other acts that infringe upon the lawful rights and interests of consumers, and fail to take necessary measures, they shall bear joint and several liability with the operators of the platform in accordance with law;

    2. E-commerce operators shall comprehensively, accurately, and promptly disclose information on goods or services, and protect consumers' right to know and the right to choose. E-commerce operators must not use methods such as fictitious transactions or fabricated user reviews to conduct false or misleading commercial promotions to deceive or mislead consumers.

  2. Anonymous users2024-02-10

    Legal Analysis: The legal issues in the protection of intellectual property rights in e-commerce are as follows:

    1. With regard to online purchases of counterfeit goods, where e-commerce platform operators know or should know that the goods sold or services provided by the operators on the platform do not meet the requirements for protecting the safety of persons and property, or have other acts that infringe upon the lawful rights and interests of consumers, and fail to take necessary measures, they shall bear joint and several liability with the operators on the platform in accordance with law;

    2. E-commerce operators shall comprehensively, truthfully, accurately, and promptly disclose information on goods or services, to protect consumers' right to know and the right to choose. E-commerce operators must not use methods such as fictitious transactions or fabricated user reviews to conduct false or misleading commercial promotions that are misleading, to deceive or mislead consumers.

    Legal basis: Article 81 of the "E-Commerce Law of the People's Republic of China" Where e-commerce platform operators violate the provisions of this Law by committing any of the following conduct, the departments for market regulation are to order corrections to be made within a set period of time, and may give a fine of between 20,000 and 100,000 RMB; where the circumstances are serious, a fine of between 100,000 and 500,000 RMB is to be given

    1) Failure to continuously display the platform's service agreement, transaction rules, or links to the above information in a conspicuous position on the homepage;

    2) Revising trading rules without publicly soliciting comments in a conspicuous position on the homepage, failing to be lenient and announcing the content of the revisions in advance in accordance with the prescribed time, or preventing on-platform operators from withdrawing;

    3) Failing to distinguish between self-operated businesses and businesses carried out by business operators on the platform in a conspicuous manner;

    4) Failing to provide consumers with channels to evaluate the goods sold or services provided on the platform, or deleting consumers' evaluations without authorization.

    Where e-commerce platform operators violate the provisions of article 40 of this Noise Law by failing to prominently mark "advertisement" on goods or services in the bidding ranking, they are to be punished in accordance with the provisions of the "Advertising Law of the People's Republic of China".

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