Comments to the SPC on Interpretations on Several Issues concerning the Application of Law in the Trial of Civil Cases regarding Infringement of Trade Secrets, Reply on the Application of Laws in Disputes related to Internet Intellectual Property Infringe

2020-07-27 | Beijing, Shanghai

The Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Cases regarding Infringement of Trade Secrets draft provides comprehensive interpretation of trial of civil cases concerning the infringement of trade secrets. By providing explanation on the identification of trade secrets, determination of infringement, the transfer of the burden of proof, the application of cross-examination by police and citizens, action preservation measures, and compensation for infringement, the draft has refined and clarified the relevant articles in the Anti-Unfair Competition Law.

The Supreme People's Court’s Reply on the Application of Laws in Disputes related to Internet Intellectual Property Infringement clarifies that the Internet service provider bears the same obligation as the e-commerce platform. The provider ought to take necessary measures to delete, or block, or disable relevant links after receiving the notice given in accordance with the law by an intellectual property right owner.

The Supreme People’s Court on the Trial of Intellectual Property Disputes Involving E-Commerce Platform responds to the controversies about “choose one out of two” on the e-commerce platform. It clarifies three types of responsibilities of e-commerce platforms, and set the circumstances under which the platform business “knows or should have known” the infringement upon any intellectual property right.