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From fellow Chinese IP blogger Song Haining, comes word of a draft Beijing Court Draft Guidance (for comment) on Adjudication of Internet IP Cases (北京市高级人民法院有关网络知识产权案件的审理指南 [征求意见稿]).Haining’s blog draws especial attention to Article 35 of this draft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.

New Trademark Related Judicial Guidance and E-Commerce Enforcement Rule

Joe Simone at Simone Intellectual Property Services, has shared a translation of the recent Beijing Higher People’s Court Guidance on Hearing Trademark Administrative Cases (Jan. 2014).  In view of the high number of foreign-related trademark administrative appeals which are only heard in Beijing, these rules are very important to understanding relevant procedures and standards.  As I have noted in other translation postings these are unofficial translations for reference only.

Joe also provided us with a copy of the SAIC Rules on Trading on the Internet (enacted January 26 2014, with an effective date of March 15, 2014).   Unfortunately I do not yet have an English language translation of the SAIC Rules.  As a key regulatory authority for both trademarks and e-commerce, these rules are important for understanding SAIC’s role in this important area.

In case you are keeping track, this brings to five the total number of new trademark-related ‘normative documents’ in final or proposed form – the Trademark Law, the draft of the Implementing Regulations, the draft of the TRAB rules, and now these two.