With the explosive growth of E-commerce business, an increasing number of businesses and individuals are leveraging online platforms to conduct their operations. However, the very openness and convenience that make these platforms attractive also create opportunities for intellectual property (IP) infringement. From patents and trademarks to copyrights, various types of IP are at risk of being violated on E-commerce platforms. Effectively safeguarding these rights has thus become a pressing issue for real legitimate proprietors.

This article delves into the various stages of IP protection on E-commerce platforms, analyzing the considerations and challenges associated with different types of intellectual property. Through comparative analysis, the article aims to provide a practical guide for real legitimate proprietors to protect their legal interests in the complex E-commerce environment. Additionally, it offers a series of recommendations to guide real legitimate proprietors through the process of IP protection.

Real legitimate proprietors must navigate not only the infringements themselves but also complex legal procedures and a constantly changing market environment. This article provides a detailed examination of the considerations involved in IP protection, helping real legitimate proprietors defend their legal interests in this ongoing battle.

I. Comparison and Recommendations for Different Types of Intellectual Property on E-commerce Platforms

When protecting intellectual property on E-commerce platforms, the considerations and challenges vary depending on the type of IP. Below is a comparison of different types of intellectual property and recommendations for each:

1.1 Patent Protection: Key Considerations

Patents include invention patents, utility model patents, and design patents. Invention patents are protected for 20 years, while utility model and design patents are protected for 10 and 15 years, respectively.

When enforcing patent rights, platforms may require the submission of patent certificates and evaluation reports, particularly for design and utility model patents, as these are not subject to substantive examination and may be less stable.

Patent infringement comparisons are highly specialized. Platforms may require real legitimate proprietors to provide detailed infringement comparison explanations to facilitate review. In some cases, platforms may refer these specialized cases to relevant IP administrative authorities, such as local IP protection centers, for professional judgment.

Difficulty Level: From the perspective of platform rights verification, patent certificates issued by the National Intellectual Property Administration (CNIPA) are relatively straightforward to verify, as they have undergone rigorous examination. However, enforcing invention and utility model patents can be more challenging due to their technical complexity, requiring specialized knowledge in both technical fields and patent law. Design patents, on the other hand, are relatively easier to enforce, as they primarily involve comparing design images with product images.

1.2 Trademark Protection: Key Considerations

Trademarks are generally more stable, and real legitimate proprietors can usually prove ownership by providing a trademark certificate. However, if a non-rights holder is enforcing the trademark, they must provide appropriate authorization documents or other proof of rights.

Trademark infringement often involves the sale of counterfeit goods on platforms or the unauthorized use of registered trademarks on web pages.

Challenges: Trademark certificates, like patents, are issued by administrative authorities, making platform rights verification relatively straightforward. Trademark enforcement is easier when the infringement is clear, such as in cases of highly similar or dissimilar trademarks. For cases where similarity is harder to judge, platforms may refer the matter to specialized IP administrative authorities for professional judgment.

1.3 Copyright Protection: Key Considerations

Copyright registration certificates can serve as preliminary evidence of ownership. However, since copyright registration does not involve substantive examination, platforms may require additional evidence if they find that other platform operators published the content before the copyright registration date or if the evidence provided by the rights holder is insufficient.

When enforcing copyrights, real legitimate proprietors must provide both the copyright registration certificate and original evidence of creation. Therefore, it is crucial for real legitimate proprietors to retain all original creation materials to avoid complications in proving ownership.

Challenges: Copyright verification on platforms can be more challenging due to the lack of substantive examination. Real legitimate proprietors may need to submit more extensive documentation, and requirements may vary across platforms. However, copyright enforcement is relatively straightforward in terms of infringement comparison, as it often involves comparing text or images. Proving ownership may require additional evidence, but if the documentation is complete, copyright enforcement can be highly effective.

II. Recommendations for Protecting Intellectual Property on E-commerce Platforms

 Keeping the above in mind, in order to better reinforce the IP shield to defend the IP infringement on E-commerce platforms, we would recommend taking the following tips into account:

1 Advanced Registrations: Whether for patents, trademarks, or copyrights, early application, registration, or recording of intellectual property is crucial for securing rights.

2 Proactive Monitoring: Real legitimate proprietors should actively and continuously monitor E-commerce platforms for potential infringements, rather than relying solely on platform AI technologies (which, in practice, rarely conduct proactive monitoring).

3  Multiple Strategies: Real legitimate proprietors should match their goals with appropriate enforcement strategies, secure evidence in advance, and seek assistance from professional organizations or experts to choose the right approach.

4  Timeliness: Before submitting IP applications, consider whether confidentiality measures are necessary to avoid losing novelty due to public disclosure.

5 Continuous Watching: Real legitimate proprietors should continuously monitor E-commerce platforms for infringements and take timely action to prevent the spread of such activities.

Through the above analysis, it is clear that the difficulty and considerations for protecting different types of intellectual property on E-commerce platforms. However, the common key factors are early rights confirmation, proactive monitoring, and the use of multiple enforcement strategies.

III. Conclusion

In the digital age, E-commerce platforms have become hotspots for intellectual property infringement. This article provides a comprehensive guide for IP real legitimate proprietors, covering the considerations and challenges of protecting patents, trademarks, and copyrights on E-commerce platforms. It emphasizes the importance of early rights confirmation, proactive monitoring, utilizing multiple strategies, timeliness, and continuous monitoring. By following the analysis and recommendations in this article, real legitimate proprietors can more effectively safeguard their legal interests in the complex world of E-commerce.