（Translation for Reference Only）

Notice from Shanghai Intellectual Property Administration, Shanghai Copyright Office and Shanghai Municipal Commission of Commerce on the Extension of the Validity Period of 'Opinions on the Work of Intellectual Property Protection in E-commerce in Shanghai (Trial)'

Document No. Hu Zhi Ju Gui [2023] No 2

To the relevant units:

After evaluation, it is deemed necessary to continue the implementation of the Opinions on the Work of Intellectual Property Protection in E-commerce in Shanghai (Trial) (Hu Zhi Ju Gui [2021] No 1), issued by the Shanghai Intellectual Property Administration, the Shanghai Copyright Office and the Shanghai Municipal Commission of Commerce in June 2021. The validity period is hereby extended to July 14, 2025.

This notice is hereby given.

Shanghai Intellectual Property Administration

Shanghai Copyright Office

Shanghai Municipal Commission of Commerce

June 13, 2023

Opinions on the Work of Intellectual Property Protection in E-commerce in Shanghai (Trial)

Article 1 To guide e-commerce platform operators in fulfilling their obligations to intellectual property protection, help e-commerce platforms prevent and resolve intellectual property risks and disputes, and promote the standardized and healthy development of the platform economy, these opinions have been formulated in accordance with relevant laws, regulations and rules.

Article 2 These opinions are aimed at helping e-commerce platform operators in Shanghai establish and improve the rules regarding intellectual property protection, and handle disputes involving patents, trademarks, copyrights, and geographical indications in a timely manner.

Article 3 The intellectual property departments and the copyright management departments shall provide guidance to e-commerce platform operators in establishing and improving the rules for intellectual property protection, organize and support business training on intellectual property protection in the field of e-commerce, and provide guidance to e-commerce platform operators in handling difficult and complex intellectual property disputes.

Article 4 Industry organizations related to e-commerce shall strengthen industry self-discipline and integrity construction, promote business training related to intellectual property, and supervise and guide the operators to ensure they adhere to proper practices.

Article 5 The intellectual property rights protection assistance institutions shall play a role in rights protection assistance, and provide legal consultation, evaluation, appraisal and other services to intellectual property rights holders, platform operators, platform vendors and others.

Article 6 The e-commerce platform operators shall establish a mechanism for handling complaints and reports on intellectual property rights, improve the management mechanisms for identity authentication, information release, dispute resolution and others, formulate rules for intellectual property protection, and handle intellectual property disputes in a timely manner.

The e-commerce platform operators shall publicize according to law when they formulate or modify the rules for intellectual property protection, as well as when they issue warnings, suspensions or termination of service measures against platform vendors who violate the rules for intellectual property protection.

Article 7 E-commerce platform operators shall establish and improve a platform user access management system. In the user access agreement, they shall clearly inform and notify platform vendors that they shall not sell goods or provide services that infringe upon others' intellectual property rights. They shall prohibit the publishing of information about goods and services that infringe upon others' intellectual property rights.

For platform vendors whose shop types are marked as "flagship store", "brand store", "exclusive store", and "specialty store", the e-commerce platform operators shall require them to provide relevant rights certificates.

Article 8 E-commerce platform operators shall establish a system for inspecting and monitoring platform vendors and their published goods or services. They are encouraged to establish a big data system for intellectual property protection and a system that identifies infringing goods and services. They shall regularly evaluate the intellectual property risks of goods and services on the platform.

E-commerce platform operators shall adopt effective technical means to filter and intercept suspected infringing goods described by words such as "高仿(high imitation)", "假货(fake)", and "盗版(pirated)", and infringing goods that are relisted after receiving complaints.

For platform vendors who repeatedly or intentionally infringe upon intellectual property rights, the e-commerce platform operators shall take measures to terminate transactions and services.

Article 9 If an intellectual property rights holder believes that a product or service sold on an e-commerce platform infringes upon his/her intellectual property rights, he/she may notify the e-commerce platform operator to take necessary measures. The notice shall be in written form. It should include the following content:

(1) The true identity information of the intellectual property rights holder;

(2) Proof of intellectual property rights;

(3) Information on suspected infringing goods or services;

(4) Preliminary evidence of suspected infringement;

(5) A written guarantee of the authenticity of the notice.

If a notice is regarding patent rights, the e-commerce platform operator may require the rights holder to provide an infringement comparison statement, an evaluation report on utility model or design patent rights, and other materials. If a notice involves copyrights, the e-commerce platform operator may require the rights holder to provide a copyright infringement appraisal and other materials.

Article 10 After receiving the notice from the intellectual property rights holder, the e-commerce platform operator shall take reasonable and necessary measures in a timely manner and forward the notice to the platform vendor.

The measures shall be reasonable and prudent, and include but are not limited to deletion and suspension of links for goods or services.

Reasonable and necessary measures can be determined by considering factors such as preliminary evidence of infringement, possibility of infringement, and specific circumstances of infringement, among others.

Article 11 After receiving the forwarded notice, the platform vendor may submit a statement to the e-commerce platform operator claiming that there is no infringement. The e-commerce platform operator shall forward the materials to the intellectual property rights holder. The statement shall be in written form. It should include the following content:

(1) The true identity information of the e-commerce platform vendor;

(2) Information on goods or services requiring termination of necessary measures;

(3) Preliminary evidence of non-infringement, including proof of intellectual property rights ownership, authorization proof, intellectual property infringement comparison determination consultation opinion issued by a third-party intellectual property service institution, and other evidence materials that can prove that there is no intellectual property infringement.

(4) A written guarantee of the authenticity of the statement.

If a statement involves patent rights, the e-commerce platform operator may require the platform vendor to submit a description of technical features or design features comparison, and other materials.

Article 12 The e-commerce platform operator may formulate specific implementation measures for the notice and statement mechanism within the platform according to the type of intellectual property rights, the characteristics of goods or services, and others, according to law. However, the relevant measures shall not set unreasonable conditions or obstacles for the parties to exercise their rights according to law.

Article 13 The e-commerce platform operator shall record and save goods and services information, transaction information, and others, in accordance with the requirements of integrity, confidentiality and availability. They shall cooperate with relevant law enforcement departments and provide data information on platform vendors or goods and services according to law. Evidence of major infringement and illegal activity shall be reported to relevant law enforcement departments in a timely manner.

Article 14 The e-commerce related terms in these opinions are consistent with the E-commerce Law of the People's Republic of China.

Article 15 These opinions shall be implemented on July 15, 2021.