GB/T 39550-2020 Intellectual Property Protection Management of E-Commerce Platforms
Some standard content:
ICS03.140
CCSA 00
GB
National Standard of the People's Republic of China
GB/T39550—2020
E-commerce platform intellectual property protection management Intellectual property protection and management for e-commerce platforms released on 2020-11-09
State Administration for Market Regulation
National Standardization Administration Committee
released
implemented on 2021-06-01| |tt||Foreword
Introduction
1
2
3
4
Scope
Normative reference documents
Terms and definitions
Shenzi Business Platform Management
4.1
4.2
4.3
Information Management
Management System
Intellectual Property Dispute Resolution
5 E-commerce Network Information Platform Requirements
5.1
5.2
5.3
5.4
5.5
Overall requirements
Functional requirements
Evidence management
Supervisory assistance
New technology application
6 Organizational intellectual property management||tt ||6.1
6.2
6.3
General Requirements
Organizations and Responsibilities
Information and Knowledge Resources
Conformance Testing Requirements|| tt||7.1
7.2
7.3
7.4
Overview
Shenzi Business Platform Operator
Merchant
Shenzi Business Network Information Platform
References
Title
Times
GB/T39550—2020wwW.bzxz.Net
Foreword
GB/T39550— 2020
This document is drafted in accordance with the provisions of GB/T1.1-2020 "Standardization Work Guidelines" Part 1: Structure and Drafting Rules of Standardization Documents.
Please note that some contents of this document may involve patents. The publisher of this document assumes no responsibility for identifying patents. This document is proposed and coordinated by the National Knowledge Management Standardization Technical Committee (SAC/TC554). This document was drafted by: State Intellectual Property Office, China Institute of Standardization, and Intellectual Property Development Research Center of the State Intellectual Property Office. The main drafters of this document: Zhou Huiguo, Zhang Zhicheng, Qiu Yueming, Wu Xiaoming, Xian Kuitong, Cui Haiying, Fu Mingxing, Yue Gaofeng, Liu Huidong, Wang Qi, Wang Shumin, Wen Xue, Qiu Funen, Xue Jun, Zhang Jiandong, Chen Shaoling, Wei Xuemei, Liu Shouhua, Qian Zhimin, Zhang Rui, Tang Heng, Liu Yishi, Song Yue, Xu Jun, Wang Ping, Liang Tian, ??Li Ming.
SAG
21
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GB/T39550—2020
Introduction
Words
This document is for e-commerce Platform operators, operators and consumers within the Shenzi business platform, with the goal of promoting effective intellectual property protection and standardized management, are committed to protecting intellectual property rights such as patents, trademarks, copyrights, and geographical indications in e-commerce platforms, and guiding the platform to carry out knowledge The whole process management of property rights protection puts forward clear requirements for e-commerce platform management, network information platform, organizational intellectual property management, and consistency testing
This document will help guide Shenzi Business Platform to protect and manage intellectual property rights and platforms Operators and operators within the platform must manage and make good use of intellectual property rights, consumers and the public respect and understand intellectual property rights, enhance the industry's awareness of intellectual property rights, and protect the legitimate rights and interests of all parties involved in the industry; it is conducive to solving the current intellectual property protection issues in Shenzi Business The ability, responsibility and supervision issues that need to be solved in the field to maintain the healthy development of vigorous business and an orderly market order; it is conducive to promoting the continuous emergence of best practices in intellectual property protection in the Shenzhen business field and improving the governance of the Shenzhen business intellectual property field. capabilities and governance levels. N
1Scope
E-commerce platform intellectual property protection management This document stipulates the general requirements for the intellectual property protection of Shenzi business platform. This document is applicable to the information release, construction, operation and maintenance of Qianshenzi business platform. manage. This document applies to relevant parties in Shenzi business activities, including: a)
Shenzi business platform operators who are responsible for the operation, maintenance and management of Shenzi business platform: merchants who sell e-commerce products or provide services; b )
c)
Relevant parties that provide online or offline supervision for Shenzi Business; other relevant parties.
d)
This document does not apply to the intellectual property protection management of the following activities: financial products and services;
a)
GB/T39550—2020|| tt|| uses information networks to provide content services such as news information, audio and video programs, publishing, and cultural products. b)
Note: The scope of intellectual property protection for e-commerce platforms in this document covers business activities of selling goods or providing services through information networks such as the Internet. Normative references
2
This document has no normative references.
Terms and Definitions
3
The following terms and definitions apply to this document. 3.1
Patent right
patent right
The owner of an invention or its transferee shall have the exclusive right to use his invention and creation within a certain period of time according to law. 3.2
trademark right
trademark right
The rights that trademark owners enjoy over their trademarks according to law. 3.3 | | tt | | Copyright | | tt | | copyright | | tt | 3.4
Geographic indications
geographicalindications
indicates that a product comes from a certain region. The specific quality, reputation or other characteristics of the product are mainly determined by the natural factors or human factors of the region. symbols of.
3.5
E-commerce network information platform
e-commerce network information platform is a network information platform that carries e-commerce platform functions. 1
GB/T39550—2020
Note: The e-commerce network information platform is a network and information system and a software service system. 3.6
E-commerce platform operator
e-commerce platform operator
provides online business premises, transaction matching, information release and other services to both parties or parties in e-commerce A legal person or unincorporated organization that carries out trading activities independently among multiple parties. 3.7
Operators within the e-commerce platform
Merchant
operatorsine-commerceplatforms are business operators who sell goods or provide services through the e-commerce platform. 4 E-commerce platform management | | tt | | Information management | | tt | | 4.1 | | tt | | 4.1.1 Merchant registration | Information filing, including the following information: a) Merchant identity certificate;
b) Intellectual property compliance commitment.
Display of information related to product intellectual property rights
4.1.2
4.1.2.1
Overview
Merchants can display intellectual property rights for the goods or services they provide. Information to ensure the protection of the legitimate rights and interests of one's own intellectual property rights while not infringing upon the intellectual property rights of others.
4.1.2.2
General requirements for intellectual property information
For related goods or services containing intellectual property, the following information should be included: intellectual property-related identification information, such as patent number; a)
b)
c)
4.1.2.3
Intellectual property rights related display information, such as patent certificates, trademark registration certificates, patent evaluation reports; intellectual property compliance commitments.
Patent rights
Merchants should mark the products with patent-related information. If marking is required, the following should be done: the category of patent rights should be indicated in Chinese, such as Chinese invention patents, Chinese utility model patents, and Chinese design patents; before the patent right is granted, the category and patent application number of the Chinese patent application should be indicated in Chinese, and the words "patent application, not yet authorized" should be indicated.
4.1.2.4Trademark rights
SA
Merchants should mark the products with trademark-related information, including the following information: the owner of the trademark;
-trademark registration time, licensed use period, etc. Copyright
4.1.2.5
Merchants should mark the copyright registration number of the product. 2
SAC
4.1.2.6
Geographical Indications
Merchants should mark the goods with relevant information related to geographical indications, including the following information: geographical indication right holder;
Commitment to use the geographical indication special mark in accordance with the law. 4.2
4.3
Management System
Shenzi Business Platform Operators should establish an intellectual property management system, including: GB/T39550—2020
Complaint and reporting mechanism: Shenzi Business Platform Operators should establish unimpeded complaint and reporting channels, and promptly handle relevant intellectual property complaints and reports;
b)
Dispute resolution mechanism: Shenzi Business Platform Operators should establish an intellectual property dispute resolution mechanism through various channels: Credit evaluation mechanism: Shenzi Business Platform Operators should establish a credit evaluation mechanism for intellectual property right holders and operators within the e-commerce platform, and strengthen credit supervision and management. Intellectual Property Dispute Resolution
4.3.1
Issuance of Infringement Notice
Overview
4.3.1.1
When the intellectual property right holder believes that his intellectual property has been infringed, he shall send a notice to the e-commerce platform operator in written form such as online complaint, e-mail, letter, etc., and request the e-commerce platform operator to take necessary measures to avoid further infringement losses. 2 General Requirements for Infringement Notice
4.3.1.2
The content of the infringement notice shall include:
Proof of intellectual property rights;
--Real identity information and contact information of the intellectual property right holder;--Information or website address of the suspected infringing goods, services or content that can be accurately located;--Written guarantee of the authenticity of the notice;
--Preliminary evidence of infringement.
Infringement Notice Involving Patent Rights
4.3.1.3
For infringement notices involving patent disputes, the preliminary evidence of infringement shall also include a description of the comparison of technical features or design features. The content of the infringement notice involving utility model patent and design disputes shall also include: utility model or design patent right evaluation report; patent right evaluation report or invalidation request examination decision 4.3.1.4 Infringement notice involving trademark rights
Infringement notices involving trademark disputes, the preliminary evidence of infringement shall include the description of judging trademark infringement. 5 Infringement notices involving copyrights
4.3.1.5
Infringement notices involving copyright disputes, the preliminary evidence of infringement shall include the description of judging copyright infringement 3
GB/T39550—2020
4.3.2 Acceptance of infringement notices
4.3.2.1 Acceptance channels
E-commerce platform operators shall establish smooth channels for accepting intellectual property infringement notices, which shall include at least one of the following methods: online complaint system of the Shenzi Business Network Information Platform; complaint acceptance email address;
complaint acceptance letter address;
other written forms.
In order to facilitate the efficient protection of intellectual property rights by intellectual property rights holders, the operators of the sub-commerce platform should establish a convenient and smooth channel for answering questions about rights protection: proactively contact the rights holders to help answer questions encountered during the protection process; promptly respond to the rights holders' inquiries and answer questions encountered during the protection process. 4.3.2.2 Acceptance and review of infringement notices
After receiving an infringement notice, the operator of the sub-commerce platform should promptly complete the preliminary review of whether the infringement notice meets the requirements: 1. Review whether the infringement notice meets the formal requirements; 2. Conduct a substantive review with general judgment ability to exclude infringement notices that obviously do not constitute intellectual property infringement. 4.3.3 Disposal and conclusion of infringement notices
4.3.3.1 Take necessary measures and forward infringement notices. After receiving an infringement notice that meets the content requirements specified in 4.3.1, the operator of the sub-commerce platform should take the following actions. Take necessary measures: After receiving a qualified infringement notice, if the e-commerce platform operator believes that the intellectual property rights holder has provided sufficient evidence materials, it should take necessary measures in a timely manner according to the nature of the infringed rights, the specific circumstances of the infringement and the technical conditions, in accordance with the principle of proportionality, including but not limited to: requiring the notified person to respond to the infringement notice; deleting, blocking, and disconnecting the infringing links of the relevant products; removing the relevant infringing information; terminating transactions and services; freezing all or part of the funds in the notified person's account; requiring the notified person to provide a deposit to ensure compensation for losses caused by potential intellectual property infringement. b) Forwarding notification: After receiving a qualified infringement notice, the e-commerce platform operator should promptly forward the infringement notice to the merchant. c) Regulating malicious notifications: The e-commerce platform operator may not handle malicious notifications sent by the notifier. If the e-commerce platform operator determines that it is a malicious notification based on the notification and non-infringement statement, the necessary measures taken should be terminated in a timely manner. E-commerce platform operators may record relevant information of infringement notices, including the number of complaints and the timing of complaints, and raise the threshold for acceptance and handling of subsequent notices issued by malicious notifiers. Maliciousness may be determined by considering the following factors: submitting forged or altered proof of rights; submitting false infringement comparison appraisal opinions and expert opinions; sending notifications despite knowing that the status of rights is unstable; not withdrawing or correcting notifications in a timely manner despite knowing that the notifications are wrong; and repeatedly submitting wrong notifications. SzIC
4
4.3.3.2
Statement of non-infringement
GB/T39550—2020
Merchants who receive infringement notices and believe that there is no infringement may submit a statement of non-infringement to the operator of the sub-commerce platform.
Channels for submitting statements of non-infringement: E-commerce platform operators should establish channels for receiving and forwarding statements of non-infringement, which should include at least one of the following methods: e-commerce network information platform;
—Email.
b) Contents of the declaration of non-infringement: The declaration of non-infringement submitted by the merchant to the operator of the ShenZi Business Platform should generally include:
The real identity information of the operator on the platform; - Information or URL of the suspected infringing goods, services or content that can be accurately located and require the termination of necessary measures; preliminary evidence of non-infringement such as proof of ownership and proof of authorization; - A written guarantee of the authenticity of the declaration;
——Other supporting materials.
4.3.3.3 Confirmation of non-infringement
The operator of the ShenZi Business Platform should review the declaration of non-infringement and exclude statements that obviously cannot prove the legality of the declarant's behavior. If it is determined that there is no infringement, the necessary measures should be terminated in a timely manner. 4.3.3.4 Confirmation of infringement
When the operator of the ShenZi Business Platform confirms the existence of infringement, it should continue to maintain the necessary measures taken. Intellectual property dispute resolution mechanism
4.3.3.5
E-commerce platform operators should establish an intellectual property dispute resolution mechanism: a) It can be resolved through negotiation and settlement, requesting mediation from consumer organizations, industry associations or other mediation organizations established in accordance with the law; b) It can be resolved by complaining to relevant departments, applying for arbitration, or filing a lawsuit. When dealing with complex intellectual property disputes such as patents, it is advisable to involve third-party professional organizations in the review. 5 Requirements for e-commerce network information platform
5.1 General requirements
The electronic commerce network information platform should establish a relevant database for storing relevant information, evidence management, traceability management, and assisting in verification.
5.2 Functional requirements
The electronic commerce network information platform should have the following basic functions: Infringement notification acceptance channels and management, relevant requirements are shown in Chapter 4; a)
b) Consumer report management;
c) Electronic evidence collection and recording, functional description is shown in 5.3. The e-commerce network information platform should include the following functions: a) realize the retrieval of intellectual property filing information on the premise of meeting the requirements of intellectual property information protection and data security; b) supervisory assistance investigation, which can export assistance investigation data. For data requirements, see 5.4; 5 | |tt||
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