Core Viewpoint - The State Administration for Market Regulation has released a draft regulation aimed at addressing trademark infringement in the e-commerce sector, highlighting the challenges posed by "ghost stores" that complicate enforcement efforts [1][2] Group 1: Challenges in E-commerce Trademark Infringement - Trademark infringement in e-commerce refers to unauthorized use of registered or similar trademarks by operators on platforms [1] - "Ghost stores" often have false registration addresses and untraceable operators, making it difficult to enforce rights [1] - A significant case involved 14 stores on platforms like Pinduoduo and Taobao infringing on the "Pang Donglai" trademark, with 10 stores not operating at their registered addresses and 8 being untraceable [1] Group 2: Proposed Measures in the Draft Regulation - The draft regulation suggests that market regulation departments can issue a notice to platforms if there is preliminary evidence of infringement, requiring platforms to respond within 5 working days [1] - Platforms must notify operators of stores with false address information and prominently mark such stores and products to inform consumers [2] - Two core measures include requiring platforms to urge operators to provide accurate information and marking non-compliant stores to caution consumers [2] Group 3: Implications for E-commerce Platforms - Platforms may be held liable for aiding infringement if they fail to act upon evidence of trademark violations [2] - The regulation emphasizes the responsibility of platforms to ensure compliance and protect consumer interests [2] - The determination of trademark infringement in live streaming scenarios depends on whether consumers can recognize the trademark despite any modifications [2]

Core Viewpoint - The article discusses the issue of "ghost online stores," which are fraudulent e-commerce shops that evade consumer protection and regulatory oversight by providing false contact information, making it difficult for consumers and authorities to address complaints [3][4]. Group 1: Definition and Impact of Ghost Online Stores - "Ghost online stores" are defined as illegal businesses that operate online while intentionally providing false addresses and phone numbers, making it impossible for consumers to reach them for complaints [3]. - These stores not only deceive ordinary consumers but also pose challenges to well-known brands by misusing their trademarks and avoiding regulatory scrutiny [3][4]. - Over half of the online counterfeit cases investigated by market regulatory authorities involve "ghost online stores," highlighting the persistent nature of this issue [3]. Group 2: Regulatory Response - The State Administration for Market Regulation has drafted the "Regulations on E-commerce Platforms Assisting in the Investigation of Trademark Infringement Cases (Draft for Public Comment)" to address the challenges posed by "ghost online stores" [3][4]. - The new regulations aim to integrate e-commerce platforms into the trademark infringement governance system, emphasizing the responsibility of these platforms in protecting intellectual property rights [5][6]. Group 3: Key Measures in the New Regulations - The regulations outline specific measures for e-commerce platforms, including notifying them to take protective actions when evidence of trademark infringement is found [6]. - Platforms are required to prominently mark shops with false address information and inform them to provide accurate details to assist regulatory investigations, effectively warning consumers of potential risks [6]. - The regulations also address jurisdictional conflicts in cases involving multiple regions, enhancing the efficiency of law enforcement resources and case handling [6][7]. - Non-compliance by e-commerce platforms will result in legal action from market regulatory authorities [6]. Group 4: Overall Significance - The draft regulations represent a strategic move to tackle the clear enforcement challenges in the e-commerce sector, establishing a "prominent marking" system and creating responsive channels between departments and platforms to improve enforcement efficiency [7].

Core Viewpoint - China is drafting new regulations to address trademark infringement issues related to "ghost online stores" in the e-commerce sector, highlighting the increasing concern among businesses and consumers as e-commerce transactions grow [1][2]. Group 1: Regulatory Measures - The State Administration for Market Regulation (SAMR) has proposed the "Regulations on E-commerce Platforms Assisting in the Investigation of Trademark Infringement Cases" to clarify measures for addressing trademark infringement [2]. - The regulations require e-commerce platform operators to assist SAMR in investigating trademark infringement cases, including notifying them of any evidence of infringement [2]. - If a store's address information is inaccurate and cannot be contacted, SAMR will inform the e-commerce platform operator, which must then prominently mark the store and product information [2]. Group 2: Current Situation and Statistics - In the first three quarters of this year, SAMR handled 27,000 cases of intellectual property violations, with a total amount involved of 468 million RMB, and referred 742 cases to judicial authorities [1]. - The issue of "ghost online stores" has been particularly prominent, with 14 stores suspected of infringing on the "Pang Donglai" trademark, of which 10 were found not operating at their registered addresses, and 8 were untraceable [1].

Core Viewpoint - The rapid development of e-commerce in China has led to increasing concerns over "online trademark infringement," prompting the State Administration for Market Regulation to seek public opinion on new regulations aimed at addressing challenges such as "ghost stores" and unclear platform responsibilities [1][8]. Group 1: E-commerce Growth and Trademark Infringement - E-commerce transactions in China have been expanding significantly, leading to widespread societal concern regarding trademark infringement issues [1]. - In the first three quarters of this year, market regulatory authorities handled 27,000 cases of intellectual property violations, with a total amount involved reaching 468 million yuan, and 742 cases were referred to judicial authorities for suspected criminal activities [1]. Group 2: Ghost Stores Issue - "Ghost stores" refer to online shops on e-commerce platforms that provide false addresses and contact information, making it difficult for enforcement personnel to locate the operators [3][5]. - Over half of the online stores suspected of selling counterfeit goods are identified as "ghost stores" [5]. - A specific case involving 14 online stores infringing on the "Pang Donglai" trademark revealed that 10 of these stores were not operating at the registered addresses, and 8 were untraceable [7]. Group 3: New Regulatory Measures - The draft regulations clarify the responsibilities of e-commerce platforms in assisting with trademark infringement investigations, requiring platforms to take necessary actions against identified infringing behaviors [8]. - Platforms are mandated to notify online stores to provide accurate information and to mark stores with false information prominently, warning consumers of potential risks [10]. - The draft also establishes jurisdictional authority and collaborative mechanisms for market regulatory departments across different regions to enhance enforcement against infringement [12].