Responsibilities of e-Commerce Platforms in Addressing Intellectual Property Infringements: International Experiences and Lessons for Vietnam

Abstract

The rapid growth of e-commerce has intensified intellectual property infringements in the digital environment, raising critical questions about platform liability. This article argues that Vietnam’s legal framework is transitioning from a safe harbor regime to a conditional liability model but lacks clear criteria, particularly regarding the standard of “actual or constructive knowledge”. By analyzing theoretical foundations, examining Vietnam’s regulations, and comparing them with the United States and the European Union, the paper identifies key legal gaps in enforcement. It then proposes recommendations to improve the legal framework and enhance intellectual property protection in Vietnam’s e-commerce sector.