Some Bad News Is Good News for Foreign Investors: The Case of Intellectual Property Rights Infringement in China

Kim, Ick‐Soo; Hong, Eunsuk; Shin, Jong Kook; Sun, Laixiang

doi:10.1002/tie.21782

Cited by 4 publications

(4 citation statements)

References 29 publications

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“…These case studies demonstrate that Chinese courts have been proactive in holding e-commerce platforms accountable for trademark infringement. The joint liability framework established by Chinese legislation has served as a strong deterrent against the sale of counterfeit goods on these platforms (Kim et al, 2016). It reinforces the importance of collaboration between brand owners and e-commerce platforms in combating trademark infringement and maintaining consumer trust.…”

Section: Liability For Trademark Infringement On E-commerce Marketpla...mentioning

confidence: 93%

Protection of Trademark Rights on E-commerce Platforms: An Updated Outlook

Pokrovskaya

2024

JCBAR

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The rise of e-commerce platforms has revolutionized the way businesses operate and engage with consumers. However, this digital landscape has brought about new challenges, particularly in the protection of trademark rights. With the increasing prevalence of counterfeit products and unauthorized sellers, it is crucial to address the issue and explore effective strategies to safeguard intellectual property in the online marketplace. This article aims to provide an updated outlook on the violation of trademark rights on e-commerce platforms. It delves into the complexities surrounding the identification, prevention, and enforcement of trademark infringement in the rapidly evolving digital ecosystem. By examining recent cases and developments in legal frameworks, this article seeks to shed light on the strategies employed by both brand owners and platforms to combat these infringements. This study examined and discussed the main types of trademark infringements in the online environment, such as selling counterfeit goods or gray imports, cybersquatting, domain infringements, illegal use of the trademark on the Internet, violations of the trademark rights on the website and etc. The article discusses whether the search engine will be held liable for placing contextual advertising using a keyword in the form of someone else's trademark. The article also analyzes issues of trademark infringement in the online environment in China by analyzing a couple of notable case studies, while exploring the issue of website blocking. As a result of the study, the authors proposed certain measures to combat the distribution of counterfeit products in the online environment to prevent further trademark infringement.

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Section: Liability For Trademark Infringement On E-commerce Marketpla...mentioning

confidence: 93%

Protection of Trademark Rights on E-commerce Platforms: An Updated Outlook

Pokrovskaya

2024

JCBAR

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“…Although foreign investors from countries with higher CSR standards may be interested in firms with high CSP scores, they are far from the focal firms' local communities and stakeholder networks. In Korean stock market, a large portion of foreign investors are hedge funds that look for short-term financial gains (Kim, 2016). When BG firms are already devoting to CSP, foreign shareholders may not want to encourage them to spend extra resources in CSP.…”

Section: Moderating Role Of Foreign Ownershipmentioning

confidence: 99%

Business group affiliation and corporate sustainability performance in emerging economies: Evidence from South Korea

2023

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Does business group (BG) affiliation enhance corporate sustainability performance (CSP) in emerging economies? This paper focuses on the unique roles of BG affiliation in enhancing CSP amid increasing institutional pressures for more contributions to the society and stakeholders. The empirical evidence on the relationship between BG affiliation and CSP is inconclusive. Although BGs effectively insulate their affiliate firms from external shocks and pressures by internalizing various resources, they are vulnerable to institutional pressures for enhanced CSP. We argue that BG affiliates tend to have higher CSP than their non‐affiliated counterparts because their unique roles and history of BG development in emerging economies exert stronger institutional pressures on them. However, affiliate centrality and foreign ownership reduce the positive effect of BG affiliation on CSP in emerging economies because BG firms can exercise agency in response to institutional pressures.

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“…In China, e-commerce platforms are jointly and severally liable for the sale of counterfeit products by others on their websites [4]. Online retailers are obliged to immediately report violations and seize counterfeit products.…”

Section: Chinese Legislationmentioning

confidence: 99%

Liability for Trademark Infringement on E-Commerce Markerplaces

Pokrovskaya

2023

IJLCW

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This article examines the issue of distribution of liability for infringement of exclusive rights to trademarks in the sale of goods through marketplaces. Examined the legislation and case law of Russia and other countries on the liability for selling counterfeit goods on marketplaces. International and Russian legal practice in resolving disputes over infringement of exclusive rights to trademarks on e-commerce platforms was examined. Models of legal regulation of e-commerce in foreign countries were analysed. The conclusions have been formulated on the need for progressive development of legislation of the Russian Federation in the area under study, including regulation of e-commerce platforms, and measures to improve the liability of marketplaces and sellers for the sale of counterfeit products were developed.

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Some Bad News Is Good News for Foreign Investors: The Case of Intellectual Property Rights Infringement in China

Cited by 4 publications

References 29 publications

Protection of Trademark Rights on E-commerce Platforms: An Updated Outlook

Protection of Trademark Rights on E-commerce Platforms: An Updated Outlook

Business group affiliation and corporate sustainability performance in emerging economies: Evidence from South Korea

Liability for Trademark Infringement on E-Commerce Markerplaces

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