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  • JAVY’s E-commerce Compliance Advice Series (Part XII): Compliance Guide for E-commerce Enterprises (Part II)

    Release Time:2024-03-11

    (II) Intellectual Property Rights Protection Compliance


    The E-commerce Law, in Articles 41 to 45, outlines e-commerce platforms' responsibilities in intellectual property rights protection. Article 41 is guiding and lacks specific obligations. Articles 42 to 45 establish the "notice-and-takedown" rules: rights holders notify platforms of infringements, platforms take measures, notify merchants, who can declare non-infringement, and platforms relay this to rights holders. Failure to act leads to joint liability for damages or civil liability for incorrect notifications.

    Guidelines:


    1. General examination of intellectual property rights involved in goods/services sold on platforms.

    2. Platforms verify sellers' legal rights and authorization.

    3. Platforms collaborate with professional organizations for hierarchical reviews to improve efficiency and accuracy.

    4. Platforms specify measures in service agreements to reduce liability exemptions.


    (III) Personal Information Protection Compliance


    Article 23 of the E-commerce Law requires compliance with personal information protection laws. Article 33 mandates fair platform agreements, while Article 79 penalizes violations. Collecting personal information must follow legality, necessity, and relevance principles.

    Guidelines:

    1. Minimize personal information collection to service needs.

    2. Inform users of data handling rules and obtain consent before collection.

    3. Display privacy policies prominently in apps and refrain from collecting until user agreement.

    4. Do not require excessive data processing for service quality or risk control.

    These guidelines ensure lawful and responsible handling of intellectual property and personal data in e-commerce operations.

     


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