The Supreme People’s Court of China (SPC) releases, on June 10, 2020, the “Draft Reply to the Matters on the Application of Law Concerning Disputes Over Online Intellectual Property Infringement” and the “Draft Guiding Opinion on the Adjudication of Intellectual Property Disputes Involving E-commerce Platforms” to solicit public opinion.

These two judicial interpretations are addressing online IP infringement. Some articles reflect the commitments made by the Chinese government in the phase 1 China-US trade agreement, including exempting brand owner from liability for submitting erroneous takedown notice provided that such notice is submitted in good faith, imposing liability for takedown notices and counter-notifications that are submitted in bad faith. The drafts also set the parameters of valid notices and counter-notifications, provides definition of good faith and bad faith, and introduces some measures friendly to brand owners, such as imposing high degree of duty of care on e-commerce platforms and mandating that a valid counter-notification shall disclose the identity of the respondent.

Comments can be sent to the SPC’s No. 3 Civil Tribunal by mail or by email to spcip2020@163.com by July 27, 2020.

Contributed by: Yongming Fan