SAMR has published proposed amendments to the National Law on Electronic Commerce (draft for comments) – Technology

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China: SAMR has published proposed amendments to the national law on electronic commerce (draft for comments)

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On August 31, the State Administration for Market Regulation, SAMR, released draft amendments to the Electronic Commerce Law of the People’s Republic of China for public comment. The changes aim to strengthen the laws on electronic commerce. The deadline for comments was October 14, 2021.

The proposed changes concern only two articles, 43 and 84, and deal with the following four issues:

The deadline for an IP owner to take action after a seller files a successful counter-notification has been extended by 15 days To 20 days.

The second question concerns the possible losses that the operator of the platform could suffer and adds a mitigating provision: if the commercial operator using the platform provides a guarantee to compensate it for any loss caused by a violation potential of intellectual property, the electronic commerce platform the operator can temporarily suspend the measures it has taken.

The following provision has been added: If a commercial operator using the platform falsely declares that he has not infringed, resulting in increased losses of the rights holder, the liability for compensation is doubled.

In Article 84, the legal liability for the failure of an electronic commerce platform operator to take the necessary measures in the event of intellectual property infringement has been increased: “if the circumstances are particularly serious, it may be prevented from carrying out relevant electronic commerce business activities until its business license is revoked. “

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