On March 27, 2020, Zhejiang High Court releases its Survey Report on the IPR Legal Liability in the Field of E-Commerce (Survey Report), which elaborates on the background and the reasoning for the court’s promulgation of the Guide for the Trial of Intellectual Property Cases involving E-commerce Platforms (Trial Guide) on December 23, 2019. Such Trial Guide, in the first time, lays out systematic and explicit rules on series of controversial matters in IPR cases involving E-commerce, such as the conditions for valid notices, the rules for determining whether the E-commerce knew or should know the infringement, the scope of necessary measures, the condition for erroneous and malicious complaints and the liability thereof.

Zhejiang High court has extensive experiences in the trials of E-commerce cases as Alibaba Group, one of the largest E-commerce platforms in China, is located in its jurisdiction. No doubt the Trial Guide together with the Survey Report will have substantial influence on the future judicial practice on E-commerce cases.