Intellectual Property Protection System for E-commerce Platforms

1、 Intellectual Property Rights Protection Liaison and Dispute Resolution System

Article 1: In order to safeguard the legitimate rights and interests of consumers and intellectual property (registered trademarks, patents) rights holders, promote the honest operation of businesses, and maintain a good business order in this market, this system is specially formulated.

Article 2: E-commerce platform operators are responsible for collecting and announcing the contact phone numbers of the main trademark brands, patent owners or agents on this platform, as well as the contact phone numbers of the intellectual property supervision work and the regulatory department responsible for intellectual property supervision work on this platform. When there is a dispute over intellectual property rights in the platform’s business activities, all parties can communicate accordingly, and e-commerce platform operators can provide reasonable assistance.

Article 3: As the convener of this system, e-commerce platform operators may require all relevant parties to provide effective contact information and update announcements in a timely manner. The announcement location may be the homepage of the e-commerce platform or other suitable places.

Article 4: E-commerce platform operators shall establish online complaint systems, complaint acceptance email or letter addresses, and other channels for receiving infringement notices.

Article 5: For merchants who have been effectively reported or complained about and found to have infringed, measures such as deleting, blocking, disconnecting infringing links of related products, removing relevant infringing information, terminating transactions and services shall be taken for disposal. E-commerce platform operators should do a good job in registration and make arrangements in accordance with the signed “Commitment Letter for Not Distributing Products that Infringe Intellectual Property Rights” and relevant contract provisions.

Article 6: E-commerce platform operators shall establish the following intellectual property dispute resolution mechanisms:

（1） It can be resolved through negotiation and request consumer organizations, industry associations, or other legally established mediation organizations to resolve the issue;

（2） Resolve through complaints to relevant departments, arbitration, or litigation;

（3） Effectively utilize evaluation reports to quickly handle complaints of utility model and design patent infringement. When dealing with complex intellectual property disputes such as patents, it is advisable to introduce third-party professional organizations to participate in the evaluation.

2、 Credit Commitment Publicity System

Article 1: In order to maintain the good reputation of e-commerce platforms and the legitimate rights and interests of consumers, strengthen the credit management of e-commerce platforms, and promote the honest operation of operators, this system is specially formulated.

Article 2: E-commerce platform operators shall sign the “Commitment Letter for the Protection of Intellectual Property Rights” and conscientiously implement the contents of the guarantee letter.

Article 3: Merchants operating on e-commerce platforms shall display the commitment or logo of “not selling counterfeit and infringing goods” on the homepage or prominent position of their store, and consciously accept supervision from consumers and all sectors of society.

Article 4: Merchants on electronic platforms shall adhere to the principle of honest operation, ensure consistency between words and deeds, and fulfill credit commitments.

Article 5: E-commerce platform operators have the right to correct behaviors that violate credit commitments, order rectification, and include the merchant in key management; For those who refuse to rectify and whose circumstances are serious, they shall be reported to the intellectual property management department for handling in accordance with the law.

Article 6: E-commerce platform operators have the right to publicize the illegal facts and consequences of merchants who have been punished by law enforcement departments for selling counterfeit and shoddy goods or infringing on registered trademark exclusive rights, patent rights, and other illegal activities. The publicity content includes: the punishment decision of the law enforcement department and the warning text added by the e-commerce platform operator.

Article 7: For merchants who operate with integrity and abide by the law, and have not violated the content of the “Commitment Letter for Not Distributing Products that Infringe Intellectual Property Rights”, e-commerce platform operators may regularly post a list for public announcement.

Article 8: All operators on this e-commerce platform shall comply with this system.

3、 Accountability System for E-commerce Platform Operators

Article 1: In order to strengthen the supervision of intellectual property rights, enhance the awareness of e-commerce platform operators in protecting intellectual property rights, and maintain a good reputation in the market, this system is formulated.

Article 2: E-commerce platform operators shall sign a “Commitment Letter for the Protection of Intellectual Property Rights” with the intellectual property management department and consciously fulfill relevant commitments. If they fail to fulfill the content of this commitment, they shall bear corresponding consequences.

Article 3: E-commerce platform operators shall publicly disclose the contents of this commitment letter within the scope of the e-commerce platform and willingly accept supervision from all parties.

Article 4: E-commerce platform operators shall publicize the effective complaints or reports of the sale of counterfeit or infringing goods, and handle them in accordance with the “Commitment Letter for Not Distributing Products Infringing on Intellectual Property Rights” and relevant contract provisions signed between the e-commerce platform and merchants. If the operator of an e-commerce platform fails to act, they shall bear corresponding responsibilities in accordance with relevant laws and regulations such as the Trademark Law and the Patent Law.

Article 5: E-commerce platform operators shall actively cooperate with government functional departments in the supervision of intellectual property rights of merchants on e-commerce platforms, play an active role, and not shield or protect their interests.

4、 Exit system for illegal entities on e-commerce platforms

The first article is to formulate this system for the specific implementation of the “Commitment to Protect Intellectual Property Rights”.

Article 2: E-commerce platform operators are responsible for formulating and publicizing the above-mentioned “commitment letter”, and the local intellectual property management department is responsible for guiding and supervising its implementation.

Article 3: If merchants on e-commerce platforms engage in the sale of counterfeit and infringing goods, and the circumstances are minor, this platform shall implement warning measures by letter, issue a warning notice, order them to be taken down and rectify within a specified period of time.

Article 4: If merchants on e-commerce platforms engage in the sale of counterfeit and infringing goods, and the circumstances are serious and are investigated by law enforcement departments, this platform will handle them according to the following provisions:

（1） Order the illegal operator to suspend business for rectification, and the lessee and operator shall make a written review to this platform.

（2） If an operator’s infringement and illegal behavior is investigated by administrative law enforcement departments more than twice, the management of this platform will immediately terminate the contract with the merchant based on the “Commitment Letter for Not Distributing Infringing Intellectual Property Products” signed with the merchant and relevant contract terms.

5、 Intellectual Property (Patent, Trademark) Filing System

Article 1: In order to better grasp the use of patents and trademarks by merchants on this e-commerce platform, strengthen intellectual property management, protect patent rights and registered trademark exclusive rights, this system is formulated.

Article 2: The management party of the e-commerce platform shall establish an intellectual property management institution, responsible for the filing and registration of intellectual property rights of merchants within the e-commerce platform, with a focus on mastering the registration and authorization of well-known trademarks.

Article 3: E-commerce platform merchants shall fill out the filing form and proactively update the filing content in a timely manner when there are changes in the use of intellectual property (patents, trademarks).

Article 4: The intellectual property management agency of e-commerce platforms shall establish archives based on the intellectual property situation reported by merchants, and the district intellectual property supervision and management department shall provide regular guidance and inspection.

Article 5: E-commerce platform merchants must truthfully fill in the information, and the platform’s intellectual property management agency is responsible for verifying it.