Policies & Regulations （E-commerce & Draft for Soliciting Opinions）

1、 E-commerce

Hangzhou Internet Court Releases the Guidelines for the Conduct of Cross border E-commerce Platforms

On July 24, 2024, the Hangzhou Internet Court issued the Guidelines for the Conduct of Multi Subjects in Cross-border E-commerce.

The "Guidelines" focus on three aspects: platforms, enterprises, and consumers, with a total of 30 specific requirements, thereby providing judicial guidance for Chinese and foreign parties to safeguard their legitimate rights and interests as well as clarifying rules for cross-border digital trade market behavior. The Guidelines establish and improve overseas intellectual property compliance mechanisms, including the establishment of intellectual property protection rules; clarify users' intellectual property protection obligations; and establish sound intellectual property protection mechanisms.

2、 Draft for Soliciting Opinions

In the third quarter of this year, multiple departments released a draft for soliciting opinions in the field of intellectual property and relevant laws are expected to be introduced in the future.

(1) The Ministry of Justice issued a notice for soliciting public opinions on the draft of the State Council's regulations on the handling of foreign-related intellectual property disputes.

On July 29, 2024, the Ministry of Justice released the draft for soliciting opinions, which includes clarifying the guidance and services provided by relevant departments to strengthen the handling of foreign-related intellectual property disputes and encouraging organizations such as chambers of commerce and industry associations.

(2) The State Administration for Market Regulation issued a public notice soliciting opinions on the "Criteria for Discretionary Power of Administrative Penalties for Concentration of Operators in Violation of the Anti-Monopoly Law of the People's Republic of China (Draft for Comments)."

On August 1, 2022, the revised Anti-Monopoly Law of the People's Republic of China officially came into effect. On August 16, 2024, the State Administration for Market Regulation drafted the "Draft for Soliciting Opinions", which mainly includes determining the discretionary steps by classification, determining the preliminary fine amount in stages according to the circumstances, further refining the adjustment factors of the fine, and determining the final fine amount.

(3) The State Administration for Market Regulation issued a notice on the Public Solicitation of Opinions on the Evidence Regulations for Trademark Administrative Enforcement.

On August 19, 2024, the State Administration of Market Supervision and the China National Intellectual Property Administration organized the writing of the Draft, which clearly defines the purpose and legal basis, applicable subjects, scope of the case, concept of evidence, the types of evidence, and so on.