SAMR has published proposed amendments to the National Law on Electronic Commerce (draft for comments) – Technology

China: SAMR has published proposed amendments to the national law on electronic commerce (draft for comments)

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On August 31, the State Administration for Market Regulation, SAMR, released draft amendments to the Electronic Commerce Law of the People’s Republic of China for public comment. The changes aim to strengthen the laws on electronic commerce. The deadline for comments was October 14, 2021.

The proposed changes concern only two articles, 43 and 84, and deal with the following four issues:

The time limit within which an intellectual property owner must take action after a seller files a successful counter-notification has been extended by 15 days at 20 days.

The second question concerns the possible losses that the operator of the platform could suffer and adds a mitigating provision: whether the commercial operator using the platform provides a guarantee to compensate it for any loss caused by a potential infringement of the property. intellectual property, the operator’s electronic commerce platform may temporarily suspend the measures it has taken.

The following provision has been added: If a commercial operator using the platform falsely declares that it has not infringed, resulting in increased losses of the rights holder, the liability for compensation is doubled.

In Article 84, the legal liability for the failure of an electronic commerce platform operator to take the necessary measures in the event of an intellectual property infringement has been increased: “if the circumstances are particularly serious, it may be prevented from carrying out relevant electronic commerce business activities until its business license is revoked.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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