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16 September 2021
He adds that the draft amendments are relevant to the Phase-One Economic and Trade Agreement signed by China and the United States on January 15, 2020, section E of which is about strengthening cooperation and jointly and individually combat infringement and counterfeiting in the e-commerce market.
"Part of the draft amendments of the E-Commerce Law are consisting of the provisions in the Phase-One Economic and Trade Agreement," he says. "For instance, it is provided in Phase-One Economic and Trade Agreement that China shall extend to 20 working days the deadline for right holders to file a judicial or administrative complaint after receipt of a counter-notification, and China shall provide that e-commerce platforms may have their operating licenses revoked for repeated failures to curb the sale of counterfeit or pirated goods, which have been contained the draft amendments of E-Commerce Law."
With this, China will undoubtedly continue to strengthen the supervision of e-commerce platforms and continuously establish and improve the corresponding laws and regulations to create a fair and healthy competition environment. On August 24, 2020, the Supreme Court issued the "Reply of the Supreme People's Court on Several Issues of Application of Law Regarding Disputes Involving Online Intellectual Property Rights Infringement", which come into force on September 14, 2020. On September 10, 2020, the Supreme Court issued the Guiding Opinions on Hearing Civil Cases Involving Intellectual Property Rights on E-Commerce Platforms. On November 9, 2020, the National Standard on the Management of Intellectual Property Rights Protection on E-Commerce Platforms, jointly led by the State Administration of Market Supervision and Administration and the State Intellectual Property Office, was released. On March 15, 2021, the State Administration of Market Supervision and Administration issued the Measures for the Supervision and Administration of Internet Transactions, which shall come into force from May 1, 2021.
"The e-commerce platforms should pay attention to the legislative and judicial developments and trends, and take up the social responsibility," says Yang. "They shall carry out industry self-discipline, solve the problems that arise during the high-speed disorderly development of e-commerce, and promote the healthy and orderly development of the e-commerce economy."
Johnny Chan
