跨境电子商务领域知识产权的法律风险与应对

Legal Risks and Countermeasures of Intellectual Property Rights in Cross-Border E-Commerce

摘要: 随着互联网的普及和广东省作为传统进出口贸易大省的跨境电子商务的迅速发展，电子商务的业务规模整体呈现增长趋势。然而，这一发展也伴随着贸易纠纷和冲突的不断加剧，跨境电子商务领域知识产权的侵权行为层出不穷，尤其是一些发达国家以知识产权保护为名义，通过行使“长臂管辖”权使得纠纷愈演愈烈。目前，跨境电子商务领域知识产权的法律风险主要表现在以下几个方面：涉案企业数量众多，且中小跨境电商企业盲目跟风；跨境电商企业对于知识产权法律风险的意识淡薄，缺乏有效的防范措施；知识产权的侵权行为呈现地域性特征，贸易保护主义盛行。有鉴于此，从跨境电商企业、政府和行业协会三个层面针对性地提出以下对策，以预防跨境电商中的知识产权法律风险。首先，跨境电商企业要积极维护知识产权，彰显核心价值；其次，政府要加强知识产权公共服务体系，助力企业应对法律风险挑战；最后，行业协会要加强监督和协调职能。

Abstract: With the popularisation of the Internet and the rapid development of cross-border e-commerce in Guangdong Province, which is traditionally a major province for import and export trade, the business scale of e-commerce as a whole has shown a growing trend. However, this development has also been accompanied by the intensification of trade disputes and conflicts, with numerous infringements of intellectual property rights in the field of cross-border e-commerce, especially in the name of intellectual property rights protection in some developed countries, through the exercise of the right of “long-arm jurisdiction”, which has led to the intensification of disputes. At present, the legal risks of intellectual property rights in the field of cross-border e-commerce are mainly manifested in the following aspects: the number of enterprises involved in the case is large, and the small and medium-sized cross-border e-commerce enterprises blindly follow the trend; cross-border e-commerce enterprises are weak in the awareness of intellectual property rights legal risks, and lack of effective precautionary measures; infringement of intellectual property rights presents regional characteristics, and trade protectionism is prevalent. In view of this, the following countermeasures are targeted at the three levels of cross-border e-commerce enterprises, government and industry associations to prevent the legal risks of intellectual property rights in cross-border e-commerce. Firstly, cross-border e-commerce enterprises should actively safeguard intellectual property rights and highlight their core values; secondly, the government should strengthen the intellectual property rights public service system to help enterprises meet the challenges of legal risks; and lastly, industry associations should strengthen their supervisory and coordinating functions.