According to reports, the draft of the E-commerce Law was submitted to the Standing Committee of the National People’s Congress for review for the second time on October 31. Compared with the first draft, the second draft of the draft further reflects the norms and obligations of e-commerce platforms. The protection of consumer rights and interests also strengthens the responsibilities of e-commerce platforms.
According to reports, the first-instance draft of the E-commerce Law requires that e-commerce platforms that “knowingly” infringe intellectual property rights by platform operators should take necessary measures such as deletion in accordance with the law, “from ‘knowingly’ to ‘should have known’, reflecting the It imposes stricter restrictions on platform operators, and stipulates that if a platform operator "knows or should know" that an operator on the platform infringes intellectual property rights, it shall take necessary measures such as deleting, blocking, disconnecting, and terminating transactions and services. p>
Experts said that this regulation will help urge platform parties to effectively assume the responsibility of respecting intellectual property rights, further crack down on online infringement and counterfeiting, and purify the online shopping environment. The condition of "knowingly" infringement is in actual legal operation It is difficult to prove, and changing it to "should have known" will make the intellectual property protection responsibility of the e-commerce platform no less than that borne by the network service provider under the Tort Liability Law, which reflects the balance of legal liability.
Netizens have expressed the hope that the e-commerce bill can be implemented as soon as possible!