On 10 June 2020 the Supreme People's Court (SPC) released for public comment two judicial interpretations that address online IP infringement:
- 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.
Some of the drafts' articles reflect government commitments made during the first phase of the China-US Economic and Trade Agreement, including exempting brand owners from liability for submitting erroneous takedown notices provided that they are submitted in good faith and imposing liability for takedown notices and counter notifications that are submitted in bad faith.
The SPC drafts also:
- set out the parameters of valid notices and counter notifications;
- provide definitions of 'good faith' and 'bad faith'; and
- introduce brand-owner-friendly measures such as imposing a high degree of duty of care on e-commerce platforms and mandating that valid counter notifications disclose the identity of respondents.
