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The Official Reply from the Supreme People's Court on Several Issues concerning the Application of Law to Online Intellectual Property Infringement Disputes, is promulgated on 12 September 2020 and shall come into force as of September 14, 2020.  The highlights are as follows:
20209132020914
I. Where an intellectual property right holder claims infringement upon its rights and applies for preservation, requiring the relevant network service provider or e-commerce platform operator to promptly take removal measures such as deletion, blocking and disconnecting links, the people's court shall conduct an examination and render a ruling in accordance with the law.
II. Upon receipt of a notice issued by the intellectual property holder pursuant to the law, the network service provider or the e-commerce platform operator shall promptly forward the notice of the intellectual property holder to the relevant network user or the business operator using the platform, and adopt the requisite measures based on the preliminary evidence of the infringement and the type of service; where the network service provider or the e-commerce platform operator does not adopt the requisite measures pursuant to the law and the intellectual property holder claims that the network service provider or the e-commerce platform operator should bear joint and several liability with the network user or the business operator using the platform for the escalated portion of the damages, the people's court may uphold the claim pursuant to the law.

III. Where the network service provider or the e-commerce platform operator does not receive a notice from the intellectual property holder stating that the intellectual property rights holder has lodged a complaint or filed a lawsuit within a reasonable period from the declaration of non-infringement which is forwarded pursuant to the law, it shall promptly terminate the removal measures it has adopted, such as deletion, blocking and disconnecting links. The delay caused by such special circumstances beyond the control of the right holder as notarization and certification, etc. shall not be included in the aforesaid time limit, but the time limit shall not exceed 20 working days.20
IV. Where the e-commerce platform operator terminates the requisite measures due to malicious submission of a statement and causes the intellectual property holder to suffer damages, and the intellectual property holder requests for the corresponding punitive compensation pursuant to the relevant provisions of the law, the people's court may support the request pursuant to the law.
V. Where the contents of the notice issued by an intellectual property holder does not match the objective facts, but the intellectual property holder asserts in the lawsuit that the notice is submitted in good faith and requests for waiver of liability, and is able to prove so, the people's court shall uphold the assertion upon examination and verification pursuant to the law.

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Official Reply on Online IP Infringement Issues

Tap "LegalTips"

to follow us

Related articls:Benefits of Copyright Registration
CHATEAU LAFITE ROTHSCHILD Won this Unfair Competition Case
Register Your IPR with Chinese Customs to Stop Counterfeits
The Official Reply from the Supreme People's Court on Several Issues concerning the Application of Law to Online Intellectual Property Infringement Disputes, is promulgated on 12 September 2020 and shall come into force as of September 14, 2020.  The highlights are as follows:
20209132020914
I. Where an intellectual property right holder claims infringement upon its rights and applies for preservation, requiring the relevant network service provider or e-commerce platform operator to promptly take removal measures such as deletion, blocking and disconnecting links, the people's court shall conduct an examination and render a ruling in accordance with the law.
II. Upon receipt of a notice issued by the intellectual property holder pursuant to the law, the network service provider or the e-commerce platform operator shall promptly forward the notice of the intellectual property holder to the relevant network user or the business operator using the platform, and adopt the requisite measures based on the preliminary evidence of the infringement and the type of service; where the network service provider or the e-commerce platform operator does not adopt the requisite measures pursuant to the law and the intellectual property holder claims that the network service provider or the e-commerce platform operator should bear joint and several liability with the network user or the business operator using the platform for the escalated portion of the damages, the people's court may uphold the claim pursuant to the law.

III. Where the network service provider or the e-commerce platform operator does not receive a notice from the intellectual property holder stating that the intellectual property rights holder has lodged a complaint or filed a lawsuit within a reasonable period from the declaration of non-infringement which is forwarded pursuant to the law, it shall promptly terminate the removal measures it has adopted, such as deletion, blocking and disconnecting links. The delay caused by such special circumstances beyond the control of the right holder as notarization and certification, etc. shall not be included in the aforesaid time limit, but the time limit shall not exceed 20 working days.20
IV. Where the e-commerce platform operator terminates the requisite measures due to malicious submission of a statement and causes the intellectual property holder to suffer damages, and the intellectual property holder requests for the corresponding punitive compensation pursuant to the relevant provisions of the law, the people's court may support the request pursuant to the law.
V. Where the contents of the notice issued by an intellectual property holder does not match the objective facts, but the intellectual property holder asserts in the lawsuit that the notice is submitted in good faith and requests for waiver of liability, and is able to prove so, the people's court shall uphold the assertion upon examination and verification pursuant to the law.

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