IP Enforcement In China’s Livestream E-commerce Sector: Practical Lessons From Two High-damages Cases

Livestream e-commerce has become one of the fastest-growing channels in China’s online retail market, but it has also introduced new complexities for rights holders seeking to combat counterfeit and copycat products.

Real-time selling, fragmented evidence, account switching and replacement-entity operations can make it more challenging to prove infringement, identify responsible parties and secure effective remedies. 

Two recent civil cases handled by this author – one resulting in an award of Rmb10 million (approximately $1.5 million) in punitive damages and the other in an award of Rmb5 million ($740,000) in maximum statutory damages – reveal the practical challenges of livestream IP infringement in China and present strategies that may help rights holders pursue stronger enforcement outcomes.