Interim Measures for the Administration of Online Commodities Transaction and Relevant Services
Promulgated by the State Administration for Industry and Commerce on 31 May 2010 and effective since 1 July 2010, these are the first nationwide rules which deal with the specific problems of e-commerce, particularly with regard the obligations and liabilities of online commodity/service providers and online trading platform service providers. Its provisions also address the problematic issue of online IP infringements. The measures stipulate, for example, that the online trading platform service providers can be fined in case necessary measures to protect the IP rights have not been taken despite respective warnings and orders to correct the failure (Articles 24/41). Although not immediately solving all relevant problems, the measures have been widely recognised as a very positive step for the protection of IP rights on the internet.
Categories: Internet related legislation and IP Protection online
Making body: State Administration of Industry and Commerce (SAIC)
Law Type: Ministry Rules
Issue No.: Order of the State Administration for Industry and Commerce No. 49
Effective Start Date: 01 Jul 2010
Access available: Translation commercially available