Research On The Response To Intellectual Property Infringement Risks In China’s Export Cross-border E-commerce

With the rapid expansion of China’s export cross-border e-commerce trade scale,China’s export cross-border e-commerce merchants are frequently involved in external intellectual property infringement disputes,which has seriously affected the development of China’s export cross-border e-commerce industry.Therefore,it is of practical significance to explore how to reasonably and effectively deal with the intellectual property infringement risk of China’s cross-border export e-commerce.The thesis uses a combination of literature analysis and case study methods to focus on the study of intellectual property infringement risk response strategies for cross-border e-commerce exporters in China,and takes a logical approach of combing the characteristics and current situation of the infringement risk — examination of the institutional mechanism for preventing infringement risk in foreign countries — analysis of the causes of infringement risk —exploring the coping strategies of infringement.To explore the countermeasures for intellectual property infringement risks of China’s cross-border export e-commerce,we must first clarify the relevant characteristics and status quo of the intellectual property infringement risks of China’s cross-border export e-commerce,so as to study the causes of the infringement risks and countermeasures more targeted.The intellectual property infringement risk of crossborder export e-commerce is more unknown than that of domestic e-commerce,and the resolution of infringement disputes is more complicated.At the same time,the current intellectual property infringement risk of China’s cross-border export e-commerce mainly occurs in the European and American markets,and is concentrated in the three fields of trademark right,patent right and copyright.The main causes of intellectual property infringement risk of China’s cross-border export e-commerce include: differences in legal systems between countries,imperfect domestic legal systems,failure of international dispute resolution mechanisms,and imbalance in the application of the "safe haven" principle of e-commerce platforms.The four economies of Europe,the United States,Japan and South Korea have relatively advanced experience in the improvement of crossborder e-commerce intellectual property system and the construction of cross-border ecommerce intellectual property extraterritorial infringement relief channels,which is worth learning from.Therefore,based on the causes of infringement risk and the experience of foreign institutions,we should improve the response strategy to infringement risk from five aspects: First,improve the legislation in the field of crossborder e-commerce intellectual property,including improving the legislation of crossborder e-commerce intellectual property in China,and strengthen the protection of intellectual property at the level of domestic legal system;Participate in the formulation of international rules on intellectual property rights,promote international cooperation,and establish a basis for equal dialogue.Second,we should strengthen the construction of dispute resolution institutions,and improve the efficiency of dispute resolution by building an international Internet court and improving an international Internet arbitration institution.Third,improve the management rules and obligations of the cross-border ecommerce platform,an important subject,establish platform malicious complaints and countermeasures rules,and redefine the platform’s duty of care.Fourth,it is necessary to establish a diversified relief mechanism,including the establishment of non-territorial intellectual property assistance departments,giving play to the rescue power of industry associations,and providing diversified protection for cross-border export e-commerce to deal with infringement risks.Fifth,it is necessary to improve the awareness of infringement risk prevention and infringement dispute resolution ability of electronic merchants to avoid or reduce the occurrence of infringement disputes.