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Legal Briefing
How IP is reshaping e-commerce strategies in China
Practice Area: E-Commerce
Sector: Business services
Jurisdiction: China
Published: 03 February 2012
Law Firm: King & Wood Mallesons
Overview
New developments in e-commerce regulation bring the issue of intellectual property infringement and the liability of e-commerce operators to light. A landmark case of E-land v Taobao in China removes the defense of the "Safe Harbor Principle" for the first time, and should serve as an admonition to online platforms.
In this briefing, King & Wood examines this new development in the context of legal jurisprudence on the "Safe Harbor Principle" in the EU and the limitations of the principle as a defense to IP infringement cases. Several suggestions are also provided that can be adopted online e-commerce platforms seeking to reduce their exposure to liability for infringement.
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