China IPR

Two New Local Policies for Online Adjudication and Enforcement

Here are two new local policies on online adjudication and enforcement

From fellow Chinese IP blogger Song Haining, comes word of a draft Beijing Court Draft Guidance (for comment) on Adjudication of Internet IP Cases (北京市高级人民法院有关网络知识产权案件的审理指南 [征求意见稿]).Haining’s blog draws especial attention to Article 35 of this draft regarding unfair competitive acts in the on-line environment by misleading consumers away from a legitimate site by misappropriating or misusing information of a legitimate website under Article 2 of the Anti-unfair Competition Law.   The draft guidelines are divided into copyright, trademark and unfair competition sections.  My request: individuals who know how public comments may be filed on this draft, please post on the comments section below on this blog!

Also of interest is that Zhejiang Province has established a new online judicial tribunal to adjudicate disputes, particularly e-commerce related disputes.  The tribunal was first announced during the World Consumers Day commemorations in Zhejiang Province earlier in 2015. Zhejiang is of course home to Alibana and other etailers.

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