Research On Legal Risks And Countermeasures Of Intellectual Property Rights Of China’s Cross-border E-commerce In The Context Of Sino-US Trade War

With the rapid development of "Internet plus" and the increasingly close trade exchanges among countries in the context of economic globalization,cross-border e-commerce,as a new form of trade,is gradually becoming the "new darling" of trade among countries.However,as the Sino US trade war intensifies,the US government frequently initiates intellectual property investigations,targeting China’s cross-border e-commerce.A group of American law firms have also targeted Chinese companies and frequently filed mass lawsuits in US courts,abusing litigation procedures to harvest funds from Chinese companies in the United States.This has to some extent hindered China’s cross-border e-commerce from expanding overseas business.In this context,this paper conducts a comprehensive and systematic study on the legal risk prevention of China’s cross-border e-commerce intellectual property in the context of the Sino US trade war.In terms of research content,starting with the status quo of intellectual property legal risks faced by cross-border e-commerce in the context of the Sino US trade war,this paper analyzes and summarizes the problems existing in preventing intellectual property legal risks of China’s cross-border e-commerce in the context of the Sino US trade war,compares and inspects the extraterritorial legal risk prevention system of intellectual property,and on this basis,proposes countermeasures for preventing intellectual property legal risks of China’s cross-border e-commerce.This article mainly discusses these four issues in a systematic manner;In terms of research approach,the paper follows the traditional approach of raising,analyzing,and solving problems;In terms of research methods,the paper comprehensively adopts literature analysis,comparative analysis,and case analysis methods.First,the paper studies the status quo of legal risks of intellectual property faced by cross-border e-commerce in the context of the Sino US trade war.Compared with traditional cross-border trade,cross-border e-commerce is closely connected with the Internet in actual operation,which is characterized by anonymity,globality and risk.Due to differences in development methods and participants,cross-border e-commerce is also divided into different categories.Before the start of the Sino US trade war,the main objects of the US trade investigation were traditional import and export trade,and the legal risks of intellectual property faced by cross-border e-commerce had not yet emerged.With the start of the Sino US trade war,the US expanded the objects of intellectual property investigation,and the traditional risks of patent infringement,trademark infringement and copyright infringement were rising.The current situation is mainly reflected in the large scale of litigation by the US plaintiffs The temporary measures and quick execution of judgments by US courts,as well as the negative attitude of China’s cross-border e-commerce response to lawsuits.Secondly,analyze and summarize the problems of China’s cross-border e-commerce in preventing intellectual property legal risks in the context of the Sino US trade war.Starting from the risks of patent infringement,trademark infringement,and copyright infringement faced by cross-border e-commerce in China,analyze the specific forms that may exist in cross-border e-commerce trade.The status quo of intellectual property legal risks of China’s cross-border e-commerce as a result of the role of intellectual property legal risks can summarize the problems of preventing intellectual property legal risks of China’s cross-border e-commerce in the context of the Sino US trade war.As there are many political attributes in the Sino US trade war,the problems in preventing intellectual property legal risks of China’s cross-border e-commerce are also multifaceted.The problems such as the incomplete legal system of cross-border e-commerce intellectual property,the difficulty in customs supervision under the goal of transaction facilitation,the weak legal awareness of cross-border e-commerce intellectual property,and the unsatisfactory effect of traditional dispute resolution methods are highlighted.Thirdly,we will make a comparative study of the legal risk prevention system of intellectual property outside the country.Different from the previous experience of drawing on the protection of intellectual property rights from other countries.The paper draws lessons from the legal risk prevention system of extraterritorial intellectual property rights based on the background of the Sino US trade war.The intellectual property investigation methods used by the United States in the Sino US trade war are not the first to be used,and clues can also be found in the development history of other countries.Japan,South Korea,and Germany,as capitalist countries,have all faced similar situations to China in their development process.When comparing the countermeasures taken by different countries in the face of the United States’ means of intellectual property investigation,we should not only consider the different legal risks of intellectual property faced by different countries in different periods,but also consider the scope and objects of the United States’ implementation of intellectual property investigation.What we can learn from is to improve the intellectual property legal system,actively participate in the formulation of international treaties,the government provides intellectual property legal services,and enhance the legal awareness of industry practitioners.Finally,the paper puts forward the countermeasures to prevent the legal risks of cross-border e-commerce intellectual property.Legal risks of intellectual property generally exist in traditional import and export trade and cross-border e-commerce trade,but the prevention of legal risks of intellectual property in different trade forms is different,and the problems presented by these risks in cross-border e-commerce trade also have their own characteristics.Therefore,the legal risk countermeasures of intellectual property should aim at solving the specific problems existing in the process of risk prevention.Since the Sino US trade war is not only a trade conflict but also a political game,the solution to the problem of legal risk prevention of China’s cross-border e-commerce intellectual property in the context of the Sino US trade war should not only highlight the legal nature,but also integrate the policy nature.It is not only necessary to improve the legal system of cross-border e-commerce intellectual property rights,the government should strengthen the supervision of intellectual property risk,but also improve the ability of cross-border e-commerce to respond to litigation and build a diversified dispute resolution mechanism.In short,by combining the background of the Sino US trade war with the prevention of cross-border e-commerce intellectual property legal risks,we can better enrich the theoretical achievements in the field of cross-border e-commerce intellectual property,effectively respond to cross-border e-commerce intellectual property infringement litigation,ensure the orderly development of cross-border e-commerce industry,fully tap the development potential of cross-border e-commerce,and promote sound and rapid economic development in China.