Online Piracy
With the e-business development, intellectual property, copyright and trademark right are often infringed online.
With increase of product sales over the Internet, the network trading platform has also turned into a hotbed for different kinds of IP infringement. There is still limited management and control of trading on the Internet, because of difficulties in enforcing IPRS in different countries. Therefore, infringers sell various kinds of counterfeit products via network trading platform; while concealing their identities. As the number of transactions and sales volume increase, many brand owners or manufacturers do suffer losses.
Acts of reproducing and downloading songs, films and software from unauthorized or unidentified website on the Internet constitute copyright infringement.
Continuous improvement is being made to the legal framework and laws in respect of e-commerce. As provided in Tort Liability Law of the PRC:
Where a network subscriber uses the network services to commit a tortious act, the injured person shall have the right to notify the network service provider to take necessary measures such as deletion, blocking and severance of the link. If the network service provider fails to take the necessary measures in a timely manner after receipt of the notice, it shall bear the joint and several liabilities with the network subscriber for the damages caused.
In accordance with the Interim Measures on Management of Network Commodity Trading and Related Services promulgated by State Administration for Industry and Commerce in 2010:
The Network Service Providers who provide services of network trading platform shall establish an inspection and monitoring system in respect of those operators who provide commodities or services; and information of commodity and service. If there are breaches of administrative laws and rules, the Service Providers shall report to the local administrative departments to investigate and possibly take actions without delay. If necessary, the Service Providers can stop providing services of network trading platform to the breaching operators.
Our company has accumulated valuable experience through serving many well-known brand owners in online IP protection. For example, our company represented a well-known cosmetics enterprise and found there were thousands of unauthorized product advertisements by unidentified parties on a well-established Internet trading platform. On behalf of the client, our company complained and negotiated with the company operating the trading platform, and successfully demanded them to delete thousands of links in respect of infringement commodities, which effectively discouraged infringers selling counterfeit products and protected the client’s legitimate rights and interests.
We carry out the following actions of combating online IP infringements:
1. Search for evidence of online IP infringement and capture the facts through notarization;
2. According to the clues to online IP infringement, carry out the on-the-spot investigation, report them and make complaints to the local administrative department for industry and commerce;
3. Send demand letters to the network trading platform, infringers, domain name registrars, persons in charge of website and others; and demand them to delete or shield the links of IP infringement.