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ARTICLE · 01 OCTOBER 2018

The PRC E-Commerce Law: Platform Liability For Intellectual Property & False Advertising

Global Advertising Lawyers Alliance (GALA)
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Following nearly five years of discussion, revision and solicitation of public opinion; the E-Commerce Law of the People's Republic of China was approved by the Standing Committee of the National People's Congress...

ChinaMedia, Telecoms, IT, Entertainment

Following nearly five years of discussion, revision and solicitation of public opinion; the E-Commerce Law of the People's Republic of China ("E-Commerce Law") was approved by the Congress on 31 August 2018. The law becomes effective 1 January 2019 and is the first e-commerce specific law in the PRC. It includes strict requirements and liabilities impacting e-commerce platforms, aiming to remedy the widespread proliferation of counterfeit products and false advertisements online.

Intellectual Property Infringement

Under the new law, e-commerce platforms will be held to higher standards and face increased risk of liability for the sale of counterfeit goods and products via their online marketplaces. As such, operators should adhere to several requirements and best practices.

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