Chinese market regulator proposes amendments to e-commerce law

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There are four proposed changes to sections 43 and 84 according to his statement.

According to the proposed changes, the authorities can restrict an e-commerce platform operator from conducting online business activities until revoking its licenses if the operator does not take the necessary measures, including removing, blocking, disconnecting, terminate any transaction or services against sellers who infringe intellectual property rights. property rights (IP).

The regulator proposed to add that if a seller within the platform offers a guarantee for damage caused by a potential violation of intellectual property rights, the platform operator can temporarily suspend the measures mentioned above. -above. If a seller submits a false claim of infringement of intellectual property rights that results in increased losses for the rights holder, the compensation will be doubled.

Under applicable law, an e-commerce seller will cease actions previously taken against operators on the platform to delete, block, disconnect, terminate transactions or services if they do not receive a notice of complaint. or prosecution of the rights holder within 15 days. . SAMR proposes to extend this period to 20 working days.

Amendments are open for public review until October 14.

Ecommerce expert Leo Xin of Pinsent Masons, the law firm behind Out-Law, said, “The proposed changes aim to balance the interests of different parties and make IRP violation claims more workable. by defining a clear timetable and the actions required. However, from a technical point of view, there might still be questions to be clarified, such as the amount of the guarantee to be paid. In most cases, it is difficult to prove the losses associated with infringement claims.


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