China News Network Client Beijing, November 10 (Reporter Zhang Ni) The reporter learned from the Supreme People's Court that on the eve of "Double Eleven", the Intellectual Property Court of the Supreme People's Court made a preservation ruling within 26 hours after receiving the application of the parties, ordering Tmall Company to immediately restore the applicant's sales link for infringing products on "Tmall.com". This case is the first case of preservation of behaviors made by the Supreme Court in relation to the restoration of links of e-commerce platforms.
Photo provided by the Supreme Court
According to reports, in the dispute between the appellant Yongkang Lianyue Industry and Trade Co., Ltd. and the respondent Cixi Bosheng Plastic Products Co., Ltd. and the original defendant Zhejiang Tmall Network Co., Ltd. and others for infringement of utility model patent rights, Bosheng Company is the patent owner of a utility model patent. He believes that the mop artifact sold by Lianyue Company on "Tmall" constitutes an infringement of its patent rights, so he filed a lawsuit with the first instance court.
The first instance court determined that the infringement was established and ordered Lianyue Company and others to stop the infringement, jointly compensate Bosen Company for economic losses of 3.16 million yuan. Tmall Company immediately deleted and disconnected the sales link of the infringing products. Subsequently, Tmall Company deleted the sales link of the alleged infringing products on "Tmall". Lianyue Company and others appealed to the Supreme People's Court.
In the second instance, all patent rights involved were declared invalid by the State Intellectual Property Office, and Bosheng Company stated that it would file an administrative lawsuit for this.
On November 5, Lianyue Company filed an application for behavior preservation to the Supreme People's Court, requesting the court to order Tmall to immediately restore the applicant's product sales link on "Tmall.com", and proposed that the situation was urgent because "Double Eleven" approached and the situation was urgent, and the court requested that the court make a ruling within 48 hours.
After receiving the application, the Intellectual Property Court of the Supreme Court immediately contacted all parties that night, delivered the relevant materials electronically, and organized all parties to hold a hearing early the next morning. The collegial panel reviewed whether the accused infringer has the subject qualification to apply for intellectual property preservation, the rationality of the e-commerce platform operators taking measures to stop intellectual property infringement, the necessity of taking preservation measures, and the determination of the amount of guarantee.
Finally, within 26 hours after receiving the application for preservation of behavior, the Intellectual Property Court of the Supreme People's Court made a remote court decision through the Internet: 1. Tmall Company immediately restores Lianyue Company's sales link for infringing products on the "Tmall" shopping platform; 2. Freezes the balance of Alipay account under Lianyue Company's name by 6.32 million yuan, and the term is until the date of the effectiveness of the judgment in this case; 3. From the date of restoring the sales link for infringing products to the date of effectiveness of the judgment in this case, if 50% of the total sales of the infringing products after Lianyue Company resumes the link exceeds 6.32 million yuan, 50% of the excess sales should be retained in its Alipay account and may not be withdrawn. Implement immediately after the ruling is made.
According to the Supreme Court, the implementation of this behavior preservation ruling reasonably considers and balances the interests of patent owners, operators within the platform and e-commerce platforms.
When the effectiveness of the patent rights involved in the case is in a state of uncertainty, the preservation ruling allows operators on the e-commerce platform to operate normally online at specific sales opportunities such as "Double Eleven", and avoid irreparable damage to their interests. At the same time, considering that the recovery of the link may cause losses to the right holder, it is ruled to freeze the corresponding amount of the applicant's account and the available benefits of continuing to sell after the recovery of the link. In addition, the ruling also exempts e-commerce platform operators from worrying about being asked to take responsibility in the future after resuming links. After the ruling of
was made, Lianyue Company stated that it will strictly fulfill its guarantee obligations in accordance with the requirements of the ruling, and stated that as one of the many small and medium-sized enterprises in the country, its exports and exports have basically stagnated under the impact of the global epidemic. If the product cannot be sold in the domestic sales market, it will inevitably have an irreversible negative impact on the survival and development of the company. The ruling makes the company more confident in getting rid of the impact of the epidemic.
Tmall Company stated that the ruling to solve problems in a more efficient and more in line with the characteristics of the e-commerce industry will help promote the harmonious and stable development of the e-commerce industry. (End)
Source: China News Network
