Intellectual property rights refer to "the property rights enjoyed by rights holders over the results of their intellectual labor" and are generally only valid for a limited time. Various intellectual creations such as inventions, designs, literary and artistic works, as well as logos, names, and images used in business can be considered intellectual property rights owned by a certain person or organization. With the development of science and technology, in order to better protect the interests of property owners, the intellectual property system has emerged and is constantly being improved. Nowadays, there are more and more infringements of intellectual property rights such as patent rights, copyrights, and trademark rights. In the 21st century, intellectual property rights are closely related to human life. Intellectual property rights are everywhere. We can see its important role in business competition.
The "E-Commerce Law" clearly stipulates:
Article 41 E-commerce platform operators should establish rules for the protection of intellectual property rights, strengthen cooperation with intellectual property rights holders, and protect intellectual property rights in accordance with the law. intellectual property.
Article 42 If an intellectual property rights owner believes that his or her intellectual property rights have been infringed, he has the right to notify the e-commerce platform operator to take necessary measures such as deletion, blocking, disconnection of links, termination of transactions and services, etc. The notification shall include prima facie evidence of infringement.
Article 43: After receiving the forwarded notice, the operator on the platform may submit a statement of no infringement to the e-commerce platform operator. The declaration should include prima facie evidence that no infringement has occurred.
Article 45 If an e-commerce platform operator knows or should know that an operator on the platform has infringed upon intellectual property rights, it shall take necessary measures such as deleting, blocking, disconnecting, and terminating transactions and services; if it fails to take If necessary measures are taken, the infringer shall be jointly and severally liable.
Article 89 This Law shall come into effect on January 1, 2019.
This time the country promulgated the E-commerce Law, which clearly stipulates the protection of intellectual property rights in the field of e-commerce. Regardless of whether it is an e-commerce platform operator or an operator within the platform, once an infringement is committed, the intellectual property rights will be Rights holders will have reasons to follow and laws to follow.
What impact will the new law have on e-commerce operators?
As far as e-commerce platform operators are concerned, they must first establish an intellectual property protection rule, secondly, they should handle possible copyright disputes between intellectual property rights holders and operators within the platform, and finally deal with confirmed For infringement of intellectual property rights, necessary measures must be taken to safeguard the interests of intellectual property rights holders, otherwise they will be jointly and severally liable.
Trademark infringement cases have become rampant, which has sounded the alarm for enterprises to protect their trademark intellectual property rights. We must know the importance of trademark intellectual property. As an external image carrier for enterprises to enter the market, trademarks are a powerful weapon for enterprises to compete with similar products. Therefore, enterprises must continuously enhance their awareness of trademark registration and protection. However, trademark registration is time-consuming and labor-intensive, and it is difficult to do without the guidance of relevant staff. Therefore, the editor recommends that you choose trademark transfer. For details, please log in // for a free consultation.