A Study of the Risk Prevention and Protection Establishment of the Intellectual Property Rights of the Cross-Border E-Commerce, Based on the Law-and-Economics Analytic Model

Abstract

With the high development of Internet technology and the global impacts of Covid-19, a trend of multiple growth is being shown in the business of cross-border e-commerce. The issue of intellectual property rights becomes more obvious in this new mode of trade than in others. China’s "14th Five-Year Plan" marked the beginning to implement the strategy of the intellectual property rights for a powerful country. Through the law-and-economics analysis, this paper analyzes the research reports of China’s Intellectual Property Court and American Chamber of Commerce, and finds it essential for the cross-border e-commerce to attach great importance to the risk control and protection of property rights. After the analysis and research, on the possible risk of intellectual property rights faced by cross-border e-commerce, it is proposed that enterprises must not only pay attention to but also actively identify and conduct risk warning of the legal risks of their own intellectual property rights as well as the causes of them, so as to put forward corresponding risk control measures and construct prevention and protection mechanisms.