跨境电商知识产权风险分析与防控体系构建

Risk Analysis and Prevention System Construction for Intellectual Property in Cross-Border E-Commerce

摘要: 随着跨境电商成为我国对外贸易的重要渠道，其在扩展海外市场的同时也面临日益严峻的知识产权纠纷挑战。本研究表明，当前我国跨境电商知识产权纠纷呈现高发态势，主要集中于美、欧等核心市场，涉及专利、商标侵权及恶意诉讼等多重风险。这些风险根源于严苛的平台规则、知识产权的地域性壁垒、企业自身合规意识与能力的系统性缺失，以及由“搭便车”行为与集体行动困境所导致的行业预警与互助机制的缺位。为此，本文在知识产权战略管理与集体行动理论框架下，构建了一个立体防控体系：在企业层面，主张通过加强意识、前瞻布局、做好FTO分析来构建全链条风险防控体系；在行业层面，倡议组建协同防御制度，通过构建行业预警平台、组织联合应诉、设立行业保险等方式，形成集体应对合力。

Abstract: As cross-border e-commerce has become an important channel for China’s foreign trade, it not only expands its market overseas but also faces increasingly severe challenges in intellectual property disputes. This study shows that current intellectual property disputes in China’s cross-border e-commerce are on the rise, mainly concentrated in core markets such as the United States and Europe, involving multiple risks such as patent and trademark infringement and malicious lawsuits. These risks stem from strict platform rules, geographical barriers to intellectual property rights, the systematic lack of enterprises’ compliance awareness and ability, as well as the absence of industry early warning and mutual assistance mechanisms caused by “free-riding” behavior and collective action dilemmas. Therefore, based on the framework of intellectual property strategic management and collective action theory, this paper has constructed a three-dimensional prevention and control system: at the enterprise level, it advocates building a full-chain risk prevention and control system by strengthening awareness, making forward-looking plans, and conducting FTO analysis; at the industry level, it proposes establishing a collaborative defense system, through building an industry early warning platform, organizing joint litigation, and establishing industry insurance, to form collective response strength.