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E-Commerce and IP Protectionin China
John WANGAttorney in China/Bar in New York
Partner of Beijing High Law Partners
Used to be a junior judge in China Supreme Court for 10 years
Studied one year in LLM program of UH WSRSL
Also registered in PH.D program in UW
New York Bar in 2010
Practice as a lawyer in Beijing from 2010 till now
serve as the legal consultant for a dozen of international companies, andhandling hundreds of IP lawsuits for them in the past ten years in China
A little about me
Part 1. E-Commerce Platforms and IP Protection Situation
Part 2. General Introduction of China IP Enforcement
Part 3. Alibaba IP Protection
Part 4.Beijing Internet Court
Part 1. E-Commerce Platforms and IP Protection Situation
Individual entities
Small business entities
Lot of infringement ever existed
Now better, but still happens
C2C: Taobao(Alibaba Group); Pinduoduo
B2C: Jingdong, Tmall (Alibaba Group)
Relatively large stores
Good brand and quality products
Nearly all are genuine
less infringement
Flagship stores: Coach, Ford
1688 (B2B) - Alibaba Group
1688.com
More stores only for wholesale
Accessories and parts
Fake and infringing happen
Hard for lawyer to get the evidence
Aliexpress.com and Alibaba.com
Aliexpress.com B2C International consumers More infringing goods Much hard to obtain the evidence
Alibaba.com B2B International buyers More infringing goods Much hard to obtain the evidence
Part 2. General Introduction of China IP Enforcement
One Jurisdiction for China Mainland
The same set of laws throughout China Mainland
IP Laws: Patent Law, Trademark Law, Copyright Law,Anti-unfair Competition Law and others
The System of China Laws
Civil litigation
Administrative Organ (CNIPA for patent and trademark,Copyright Bureau for Copyright )
Online Dispute Resolution Center（ODRC）for domain disputes
Criminal Enforcement (Police, Prosecutor and Court)
Channels of IP Enforcement
One of international clients
Spraying gun or auto-maintaining
Good qualify and popular
China is one of its biggest markets
Facing serious infringement
Some Criminal Cases involved recently
Real SATA
Some Criminal Cases involved recently
Real SATA Fake SATA
In 2019
Hongyun Air Product Store
萨特，SATE，TATA，
Client:萨塔，SATA
Comments: Low quality
Some Criminal Cases involved recently
In 2019 Summer
Hongyun Air Product Store
萨特，SATE，TATA，
Client:萨塔，SATA
Comments: Low quality
Some Criminal Cases involved recently
In 2019 Summer
Hongyun Air Product Store
萨特，SATE，TATA，
Client:萨塔，SATA
Comments: Low quality
Some Criminal Cases involved recently
Some Criminal Cases involved recently
Some Criminal Cases involved recently
Some Criminal Cases involved recently
China Supreme People’s Court
High People’s Court
Intermediate P’s Court
District P’s Court
The Highest Court in China
Province/Big City(31)
City(over 200)
County(about 3000)
China Court System
Criminal Division:Infringement Crime, Counterfeiting Crime, Trade Secret infringement Crime
Civil Division:Plaintiff and Defendant are equal partiesFor Granting the Suspending and Compensation
Administrative Division: Against Patent Reexamination Board for Invalidation (before 2009)Against IP administrative enforcement governments
Divisions
Part 3.Alibaba Group IP Protection
Option 1: Takedownfiling the complaint to request the takedown and to delete the link;But no damage to the infringer; no injunction order;
Option 2: Investigationfinding more information about the entity and factory behind the online store
Option 3: Civil Litigationfiling the lawsuit before the civil court; Asking the damage and the injunction
Option 4: Criminal Proceeding if the infringing conduct is serious, then try to initiate the criminal actions.
What to do when your right infringed in E-Commerce Platforms
Since 2015, Stricter IP Protection Steps, including IPP, rand for Each Shop;
Proactive monitoring
Requesting takedown
Working with Enforcement Authorities
Setting up the IP protection alliance and calling on the entire society forthe stricter IP Protection
Alibaba IP Protection Platform
Specialized Website
IPP.alibabagroup.com
IP protection
Complaint
Alibaba IP Protection Platform
Log in
Proof of Identity
Proof of IPR
Proof of POA
Alibaba IP Protection Platform
IPP Proceeding in 24 hours
IPP grants the pre-decision butbut gives the appeal chance tothe store
IPP makes the final decision totake down and delete the link
Not shutting down the onlinestore
Alibaba IP Protection Platform
Credit System for online stores
Lower the credit if successfultakedown till shutting down
Online store might be willing tosettling down in exchange ofthe IPR’s withdrawing
Withdrawing is not encouraged
Alibaba IP Protection Platform
IPR.JD.com
Lower the credit if successfultakedown till shutting down
Online store might be willing tosettling down in exchange ofthe IPR’s withdrawing
Withdrawing is not encouraged
JD IPR
Part 4. Beijing Internet Court
Beijing Internet Court
Disputes arising from the online contracts through the E-commerce platform;
Contracts of online service; (eg. Microsoft software does not work )
Financial loan on the internet;
Copyrights on the internet;
Domain name and so on
Jurisdiction of Beijing Internet Court
Beijing Internet Court
Thank you for your attention!John WANGAttorney in China/Bar in New York
Partner of Beijing High Law Partners
