Sharing intellectual property rights that cross-border e-commerce must understand (cross-border e-commerce and intellectual property rights)

In recent years, the rapid development of cross-border electronic commerce's business has brought huge dividends to merchants and China, but the infringement crisis behind the huge dividends is getting bigger and bigger, which will not only cause heavy losses to small and medium-sized sellers, but also have a quite adverse impact on the overall environment of China's e-commerce export.

Countries such as Europe and America attach great importance to intellectual property rights. If an export company wants to file a lawsuit, it must first face high costs. Once its products are successfully sued for infringement, the company will directly miss the European and American markets. Therefore, if cross-border e-commerce wants to penetrate into foreign markets, it is necessary to strengthen the understanding of cross-border e-commerce export infringement and avoid operational risks. So what are the characteristics of cross-border e-commerce export infringement?

First, e-commerce enterprises are small in scale.

This situation does not often occur in traditional international trade, because foreign buyers usually place large orders. In order to avoid litigation risks, importers will of course inquire about the intellectual property rights of domestic products and guard against risks before importing, and conduct a series of checks to control the risk of infringement. However, there are two risks in the cross-border electronic commerce model, which focuses on small and medium-sized enterprises: one is the fuzziness of customer groups, and the other is the ignorance of intellectual property rights of products in relevant countries.

Second, enterprises cover a wide range.

From the analysis of some cases, we can find that the incidents involved in intellectual property infringement are often wide-ranging, with many enterprises and a large amount of funds under the background of the Internet. In the case of a typical balance car before, the supplier was strongly refunded by Amazon for nearly 600,000 yuan overnight. Most of the enterprises involved are concentrated in Shenzhen, and the companies with the central industry as the balance car have closed down because the balance car business was wiped out.

Third, there is a lack of countermeasures.

The export companies of cross-border e-commerce are usually small, and small and medium-sized enterprises do not have the economic strength to hire professional lawyers and related legal advisers, not to mention the high cost of cross-border litigation. Therefore, once these enterprises encounter the accusation and punishment of infringement, they often respond with a negative attitude. However, if the company passively accepts the treatment and gives up the struggle, it will evade malicious infringement litigation in law and cause greater losses. In the United States, for example, punitive damages will be paid three times.

In fact, for cross-border export enterprises, if they want to put an end to future infringement at the beginning, they should take full risk prevention and give early warning of trademarks and patents before entering foreign markets. To do trademark search, a trademark should be registered not only in China, but also in Europe and America, because trademark patents are regional.

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