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Reply of the Supreme People’s Court on Several Issues Concerning Application of law in Disputes over Infringement on Intellectual Property Rights on Network


Reply of the Supreme People’s Court on Several Issues Concerning Application of law in Disputes over Infringement on Intellectual Property Rights on Network was adopted at the 1810th session of the Judicial Committee of the Supreme People’s Court on August 24, 2020, and is hereby released and shall come into force as of September 14, 2020.
 
The Supreme People’s Court
September12, 2020
 
Law Interpretation〔2020〕No.9
Reply of the Supreme People’s Court on Several Issues Concerning Application of law in Disputes over Infringement on Intellectual Property Rights on Network
(Adopted at the 1810th session of the Judicial Committee of the Supreme People’s Court on August 24, 2020, and came into force as of September 14, 2020)
 
The higher people’s courts of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Court of the People’s Liberation Army, and the Production and Construction Corps Branch of the Higher People’s Court of Xinjiang Uygur Autonomous Region:


Recently the relevant parties have put forward suggestions on some issues concerning application of law in disputes over infringement on intellectual property rights on network, and some higher people's courts have also consulted with the Supreme People’s Court for instructions. After research and study, the Supreme People’s Court replies as follows.
 
1. Where an IP right holder claims that his right has been infringed, files request for preservation, and requires network service providers and e-commerce platform operators to quickly take the removal measures including deleting, blocking, or disconnecting links, the people's court shall review and make a ruling in accordance with the law.

2. Upon receiving the notification issued by the IP right holder in accordance with the law, network service providers and e-commerce platform operators should promptly forward the notification from the right holder to the relevant network users and business operators in the platform, and take necessary actions based on the preliminary evidence of infringement and the type of services; If the necessary measures are not taken in accordance with the law, and the right holder claims that the network service provider or e-commerce platform operator shall bear joint and several liability for the enlarged part of the damage with the network user or the business operator in the platform, the people's court may support it in accordance with the law.
 
3. Within a reasonable period after the legally forwarded statement of non-infringement has reached the IP right holder, if the network service provider or e-commerce platform operator receives no complaint or the notification of filing lawsuit from the right holder, they shall terminate the removal measures that they have taken in a timely manner including deleting, blocking, and disconnecting links. Delays caused by special circumstances that go beyond the control of the right holder, such as handling formalities as notarization and legalization, shall not be included in the aforementioned period, but the period shall not exceed 20 working days.

4. Where the e-commerce platform operator terminates the necessary measures due to the statement submitted out of bad faith and losses are caused to the IP right holder, and the right holder requests corresponding punitive compensation pursuant to relevant laws and regulations, the people's court may support it in accordance with the law.

5.  If the content of the notification issued by the IP right holder is inconsistent with fact, but he claims that the notification is submitted in good faith and requests exemption from liability in the litigation, if there is evidence to prove it, the people's court shall support it after examining and verifying the evidence according to law.
 
6.  This reply shall apply to the cases that have not yet been concluded at the time when this reply is made; this reply is not applicable to the concluded cases and the cases that the parties have applied for retrial or a retrial decision has been made in accordance with the trial supervision procedures when this reply is made.
 
Source: the Supreme People’s Court
Date: September 13, 2020
 
 

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