直播电商模式中的知识产权侵权风险及治理策略研究

Research on Intellectual Property Infringement Risks and Governance Strategies in Live-Streaming E-Commerce Models

摘要: 近些年来，直播电商行业发展迅速，用户规模巨大。然而，直播电商的实时性、互动性与娱乐性的特点在拉动消费增长的同时，也使得知识产权侵权问题越来越严重。大量主播，甚至部分职业主播缺乏基本的知识产权保护意识，直播间随手播放影视剧、随意演唱歌曲等现象十分普遍。本文旨在体系化研究直播电商中出现的知识产权保护问题。首先，本文深入分析了直播电商过程中所出现的知识产权侵权风险类型和其外在表现形式，包括著作权、商标权、专利权及不正当竞争等多个类型。其次，深度研究了其成因，包括技术迭代带来的监管挑战、利益驱使下侵权与维权成本的不平衡、各方主体责任确定困难以及从业者知识产权意识淡薄等。最后，在此基础上，尝试构建一套系统化的治理体系。该体系将从完善法律法规与强化司法保护，到推动技术赋能与技术应用，加强平台自律与监管审核，促进行业自律与标准制定，以及社会共治等多个角度提出建议。希望能助力直播电商产业在法治轨道上行稳致远，实现创新发展与权益保护的平衡。

Abstract: In recent years, the live-streaming e-commerce industry has developed rapidly and has a huge user base. However, the real-time, interactivity and entertainment characteristics of live-streaming e-commerce, while driving consumption growth, have also made the problem of intellectual property infringement increasingly serious. A large number of live-streamers, and even some professional ones, lack basic awareness of intellectual property protection. It is very common for them to play TV dramas and films casually and sing songs at will in their live-streaming rooms. This article aims to systematically study the issues of intellectual property protection that arise in live-streaming e-commerce. Firstly, this article conducts an in-depth analysis of the types of intellectual property infringement risks and their external manifestations that occur during the process of live-streaming e-commerce, including multiple types such as copyright, trademark rights, patent rights, and unfair competition. Secondly, a thorough study was conducted on its causes, including regulatory challenges brought about by technological iteration, the imbalance between infringement and rights protection costs driven by interests, the difficulty in determining the main responsibilities of all parties, and the weak intellectual property awareness of practitioners. Finally, on this basis, attempt to build a systematic governance system. This system will put forward suggestions from multiple perspectives, including improving laws and regulations and strengthening judicial protection, promoting technological empowerment and application, enhancing platform self-discipline and regulatory review, facilitating industry self-discipline and standard setting, as well as social co-governance. It is hoped that this will help the live-streaming e-commerce industry to move steadily and far within the framework of the rule of law, achieving a balance between innovative development and rights protection.