跨境电商中知识产权纠纷的平台治理——以鸿尚公司诉阿里巴巴案为线索

The Platform Governance of Intellectual Property Disputes in Cross-border E-commerce——Based on the Case of Hongshan Company v.Alibaba

跨境电子商务蓬勃发展带来的影响之一是涉外知识产权侵权行为频发,这不可避免地引发国外权利人和国内电商企业的法律纠纷,也牵涉到跨境电商平台的治理问题。鸿尚公司诉阿里巴巴案涉及到域外禁令、合同效力及平台责任等法律问题,其中各参与方的利益交织、矛盾突出。理顺其中的关系、处理好法律纠纷成为电商平台治理关注的问题。因为具有涉外法律因素,跨境电商平台所涉知识产权纠纷新颖而复杂,进行良好治理有利于知识产权国际保护及跨境电子商务的健康发展。

One of the impacts of the vigorous development of cross-border e-commerce is the frequent infringement of foreign intellectual property rights, which inevitably leads to legal disputes between foreign rights holders and domestic e-commerce enterprises, and also involves the governance of cross-border e-commerce platforms. Hong Shang Company v. Alibaba involves legal issues such as extraterritorial prohibition, contract effectiveness and platform liability, among which the interests of all participants are intertwined and contradictions are prominent. To straighten out the relationship among them and deal with legal disputes has become the focus of e-commerce platform governance. Because of the foreign-related legal factors, the intellectual property disputes involved in cross-border e-commerce platform are novel and complex, and its good governance is conducive to the international protection of intellectual property rights and the healthy development of crossborder e-commerce.