Interpretation of New Cross-border E-commerce IP Protection Regulations
In recent years, the cross-border e-commerce industry has developed rapidly, and intellectual property disputes have increased accordingly. In 2026, the China National Intellectual Property Administration, together with the Ministry of Commerce, issued new guidelines for intellectual property protection in cross-border e-commerce, providing cross-border e-commerce operators with clearer codes of conduct and pathways for rights protection.
New regulations clarify the IP review obligations of cross-border e-commerce platforms. Platforms must establish IP complaint handling mechanisms and promptly remove suspected infringing products.
Cross-border e-commerce operators should proactively conduct intellectual property searches when selecting products to avoid selling goods that infringe upon others' patents, trademarks, copyrights, or other rights. In particular, for OEM and ODM orders, the ownership of intellectual property rights and the allocation of liability for infringement should be clearly stipulated in the contract.
It is recommended that cross-border e-commerce enterprises establish IP management systems, conduct regular screenings of products for sale, and retain purchase and sales records.
