China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Chinese Court Confirms Live Streaming Sale Platform as E-commerce Platform

Mon, 26 Jul 2021
Categories: China Legal Trends

In accordance with the information released on the Haidian Court Website on 5 June 2021, Haidian Primary People’s Court (“Haidian Court”), Beijing, recently concluded the case of Saishi Trading (Shanghai) Co., Ltd. v. Laizhou Hongyu Art Crafts Co., Ltd. et al.(2021), determining that the live broadcast platform under the scenario of live streaming marketing can be deemed as an e-commerce platform, and shall comply with relating obligations pursuant to the “Administrative Measures for Livestreaming Marketing (for Trial Implementation) (网络直播营销管理办法(试行)).

In this case, Plaintiff, Saishi Trading (Shanghai) Co., Ltd. (hereinafter referred to as “Saishi”) obtained the exclusive authorization to use "AGATHA" and two other trademarks through Agatha Diffusion Sarl. Saishi found that Laizhou Hongyu Art Crafts Co., Ltd (hereinafter referred to as “Hongyu”) sold handbags with the word “AGATHA” and specific logos during live streaming marketing on Douyin (“抖音”, the Chinese version of TikTok), and thus it filed a lawsuit against Hongyu and Beijing Microbroadcast Vision Technology Co., Ltd., the operator of Douyin (hereinafter referred to as “Microbroadcast Company”) on the grounds of infringement upon the exclusive right to use the trademark. Eventually, Haidian Court, the court of first instance, ruled that Hongyu should compensate Saishi for economic losses of RMB 300,000 and reasonable expenses of RMB 10,598.

In this case, Haidian Court held that platforms for e-commerce activities were no longer limited to traditional platforms with e-commerce as their major business, but also applicable to platforms with content generation and provision as their major business, such as online live streaming platforms and online audio-video platforms, which gradually provided their users with online live-streaming marketing services. For the latter platforms, if the services actually provided to the parties to the transaction are in line with the E-commerce Law (电子商务法), they should also be determined as e-commerce platforms.

According to the court’s opinions, the live streaming interface in Douyin shows the name, picture, price, and other information of the product involved. Users click on the “commodity” in Douyin and can then directly enter the product page without redirecting to other platforms. Users of Douyin may directly inquire about the order information of the product involved in the case via their Douyin account. When watching the live broadcast, users need to click on the shopping cart in Douyin to enter the e-store for purchasing the product. These facts confirm that Douyin, in the form of providing live streaming marketing services, provides dealmaking, information release, and other services for the trading parties in its platform. Moreover, a platform available for all parties to carry out trading activities independently is a kind of e-commerce platform. Therefore, Microbroadcast Company, as the operator of the Douyin platform, is an e-commerce platform operator.

This is the first case in China that the live broadcast platform under the scenario of live streaming marketing has been confirmed as an e-commerce platform.

 

 

Cover Photo by Xiaoyang Ou (https://unsplash.com/@odamao) on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

China Enacts Landmark Private Economy Promotion Law

China enacted its landmark first Private Economy Promotion Law, effective May 20, 2025, to guarantee fair competition, streamline market access via a unified negative list, and bolster private enterprises through financing, innovation, and service support.

China Strengthens Criminal IP Protection with New Rules

In April 2025, China’s top court and procuratorate jointly issued a new judicial interpretation to clarify standards for handling criminal intellectual property infringement cases, aiming to strengthen IP protection, particularly in the service sector.

SPC’s 2024 Typical IP Cases Include AI Face-Swap Ruling

In April 2025, China’s Supreme People’s Court released eight typical IP cases, highlighting judicial responses to emerging issues in AI, gaming, and biotech, including a landmark ruling on AI face-swapping copyright infringement.

China Eases Tax Refunds to Boost Inbound Tourist Spending

In 2025, China has lowered its departure tax refund threshold from 500 RMB to 200 RMB and doubled cash refund limits to 20,000 RMB while expanding eligible stores and streamlining processes, aiming to boost inbound tourism spending and promote Chinese products.

Chinese Courts Bolster Pregnant Workers' Rights Protection

In April 2025, China's Ministry of Human Resources and Supreme People's Court released typical labor dispute cases emphasizing stronger protection of pregnant employees' rights, including a case where unlawful job reassignment and salary reduction were ruled illegal.

China Revises Marriage Registration Regulation

China's revised marriage registration rules, effective May 2025, eliminate location restrictions, simplify procedures by removing hukou requirements, and align divorce processes with the Civil Code's cooling-off period.

China’s SPC Issues Foreign State Immunity Case Guidelines

In March 2025, China's Supreme People's Court (SPC) issued procedural guidelines for handling civil cases involving foreign state immunity, implementing the country's shift from absolute to restrictive immunity under the new Foreign State Immunity Law.