IP Key China Work Achievement: Online Counterfeiting and Piracy
E-commerce has been developing rapidly in recent years, fueled by the COVID-19 pandemic as consumers and businesses prefer online trading due to lockdowns and social-distancing policies. But the online environment has been a more popular target for online infringers, which challenges the EU business and right holders to protect intellectual property in the Chinese online market. These include persistent online counterfeiting and piracy, malicious complaint, unfair competition, infringement of trade marks and patents, etc., therefore, how to improve the protection of IP in the Chinese e-commerce market will have a significant impact on the EU market and other third markets considering its lion’s share in the globe.
Starting in 2017, IP Key China has implemented a variety of activities to address these growing and ever-changing issues:
Seminar:
- EU-China Conference on IPR Protection Online and Innovation (November 2018, Xiamen China)
- EU-China Conference on IPR Protection Online and Innovation (November 2019, Haikou China)
- EU-China Seminar on IPR Protection Online and Innovation (December 2020, Beijing China)
- EU-China Conference on IPR Protection Online and Innovation (December 2021, Beijing China)
Exchange:
- IP Café on E-commerce (November 2018, Xiamen China)
- EU-China Online Workshop on the Impact of 2019 E-Commerce Law (November 2020, Online)
Study:
- Study on Online Counterfeit in China: Could the EU Memoranda of Understanding approach help, and if so – how? (2019)
The study analyses the main challenges for right-holders to enforce their IP rights against online counterfeiting and piracy. It examines the possibility of a Memorandum of Understanding (MoU) between e-commerce platforms and rights-holders in China focused on preventing IP infringements and taking appropriate actions. It also explains the interest of such an MoU (in view of the successful experience in the EU) and proposes options of how it could be put in place (Chinese E-commerce Law).
The above study aims at assessing noticeable changes since the Chinese E-commerce Law took effect in 2019 in combatting online counterfeiting and piracy. It takes stock of the legislative development, voluntary measures deployed by platforms, and the latest cases, all of this based on input provided by the right owners.
Cooperation initiative:
- Introduction of the EU cooperation initiatives to China’s online market including the Memorandum of Understanding (MoU) between e-commerce platforms and rights-holders (2018, Xiamen China), the Memorandum of Understanding (MoU) on Online Advertising and Intellectual Property Right (2019, Haikou China)
All of these will continue providing the bases for IP Key China to deliver a suitable framework for exchanges among stakeholders in the EU and China.
For further information on the project or general questions about the EU-China cooperation on IPR protection online, please reach IPKEY-CN@euipo.europa.eu.