Page:ECONOMIC AND TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA.pdf/8



Section E: Piracy and Counterfeiting on E-Commerce Platforms
In order to promote the development of e-commerce, China and the United States shall strengthen cooperation and jointly and individually combat infringement and counterfeiting in the e-commerce market. The Parties shall reduce piracy and counterfeiting, including by reducing barriers, if any, to making legitimate content available in a timely manner to consumers and eligible for copyright protection, and providing effective enforcement against e-commerce platforms.

Article 1.13: Combating Online Infringement
1. China shall provide enforcement procedures that permit effective and expeditious action by right holders against infringement that occurs in the online environment, including an effective notice and takedown system to address infringement.

2. China shall:

(a) require expeditious takedowns;

(b) eliminate liability for erroneous takedown notices submitted in good faith;

(c) extend to 20 working days the deadline for right holders to file a judicial or administrative complaint after receipt of a counter-notification; and

(d) ensure validity of takedown notices and counter-notifications, by requiring relevant information for notices and counter-notifications and penalizing notices and counter-notifications submitted in bad faith.

3. The United States affirms that existing U.S. enforcement procedures permit action by right holders for infringement that occurs in the online environment.

4. The Parties agree to further cooperate, as appropriate, to combat infringement.

Article 1.14: Infringement on Major E-Commerce Platforms
1. The Parties shall combat the prevalence of counterfeit or pirated goods on e-commerce platforms by taking effective action with respect to major e-commerce platforms that fail to take necessary measures against the infringement of intellectual property rights.

2. China shall provide that e-commerce platforms may have their operating licenses revoked for repeated failures to curb the sale of counterfeit or pirated goods.

3. The United States affirms that it is studying additional means to combat the sale of counterfeit or pirated goods. 1-7