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Study on the application of the CISG IPR security regime to “cross-border e-commerce”
Abstract
Economic globalization promotes trade globalization, and trade globalization prompts countries to pursue trade facilitation and liberalization. Against this background, CISG came into being in 1980. With the advent of a new round of industrial change and technological revolution, cross-border e-commerce relying on Internet technology has become a new growth point of international trade. Based on the prerequisites, limitations and subjective conditions of the CISG IPR security regime, the paper analyzes the feasibility of applying the CISG IPR security regime to cross-border e-commerce, focuses on the OEM issue in the application of the CISG IPR security regime to cross-border e-commerce, and finally proposes the direction of China’s reform and coping strategies, with a view to contributing to the development of cross-border e-commerce in China.
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References
- Walter, Mark. (2019). The cisg and cross-border access to commercial justice. Journal of Law and Commerce, 38(1), 155-178.
- Hiscock, M. E. (2011). Cross-border online consumer dispute resolution. Contemporary Asia Arbitration Journal, 4(1), 1-18.
- QI Junyan, SO Yuanyuan. (2016). Characteristics of cross-border e-commerce development and new trade demand in China. Port Economy, (2), 44-46.
- Yang Lixin. (2019). Intellectual property infringement liability rules in the field of e-commerce transactions. Modern Law Science, 41(2), 77-90.
- Lai Lina, Li Yongming. (2020). Study on the Infringement Determination of Trademark Dispute Cases Involving Foreign OEM Processing - Taking Typical Cases from 2001-2019 as a Sample. Intellectual Property, (7), 59-68.
- Li Suan, Han Yang. (2021). On the exemption of CISG seller's intellectual property warranty obligation and breach of contract liability. Journal of Beijing Union University (Humanities and Social Sciences), 19(1), 110-116.
- An Shuo. (2021). Study on Customs Enforcement of Intellectual Property Rights on Transit Goods in China’s Free Trade Zone. Journal of CUPL, (1), 136-145.
- Wei Yuntian. (2021). The Empirical Investigation and Theoretical Approach of Security Guarantee Obligations of E-commerce Platforms. Journal of Law Application, (3), 34-44.