IP PROTECTION IN CHINA ’ S E-COMMERCE INDUSTRY
In their different ways , China ’ s e-commerce giants have taken the initiative in helping to protect IP , working with brands and rights holders to help them enforce their IP rights .
Mark Cohen , Senior Fellow and Director of the Berkeley Center for Law & Technology ’ s Asia IP Project at the University of California Berkeley ’ s School of Law , who is viewed as the US ’ s leading expert on IP law in China , 14 said although China is a major source of counterfeit goods , it has taken significant efforts to combat the trade . 15 Indeed , he added , though criticisms can be leveled , one could also acknowledge that China and some companies there have done more than any in tackling the challenge .
“ Because you ’ re looking at an order of magnitude , a big problem – technologically enabled infringements of various kinds , new ways of booking and shipping the goods , new ways of disguising the goods ,” said Cohen , who was also the senior IP attaché at the US embassy in Beijing from 2004-08 .
Cohen added that there is recognition in the US of the efforts that China is making on IP protection , “ and that it ’ s going to be hard to criticize China , because frankly some US companies can also do a better job .” 16
Indeed , some US firms are becoming more proactive in their approach to tackling counterfeits , even as they come under pressure from US regulators to do more about the problem . For example , a recent report by the US Department of Homeland Security ( DHS ) on combating trafficking in counterfeit goods stated that the exemption for legal liability must change , and highlighted actions to amend the existing framework “ that tends to reward the trafficking in counterfeit and pirated goods .” 17 It said US e-commerce players should be more proactive in preventing the sale of fake goods .
“ This is a pretty tough area . It demands in many cases great technological resources and commitments , and I think China is generally showing a lot of those commitments . I hear people increasingly praising some of the Chinese e-tailers for the steps they ’ re taking .”
On a legal basis , he said , China has “ a pretty good regime in place . I can quibble at the margins , but I think on balance [ it ’ s ] pretty good . And it ’ s not only about copyrights – it ’ s about patents and trademarks and civil remedies .” 14
See : https :// www . law . berkeley . edu / research / bclt / about / staff / 15
IP protection for e-commerce in the backdrop of US-China trade agreement , IP Matters , PDD Podcasts ( May 24 , 2020 ). See ( from 11m10 mark ): https :// open . spotify . com / episode / 1ixhJiSHGVSkR1heu8ijgo 16
Ibid . 17
Combating Trafficking in Counterfeit and Pirated Goods : Report to the President of the United States , Department of Homeland Security ( 2020 ). See : https :// www . hsdl . org /? view & did = 833468
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