Legislation roundup: Patent disputes, e-commerce and Charity Law
March 23, 2016 | BY
Katherine Jo &clp articles &The SPC has clarified the liability of indirect manufacturers of infringing products, online goods sellers have been made responsible for IP disputes and the PRC Charity Law has cracked down on donation channels
Intellectual Property
Supreme People's Court, Interpretation on Several Issues Concerning the Application of the Law in the Trial of Patent Infringement Disputes (2)
Where it is expressly known that a relevant product is a material, equipment, part, component, intermediate, etc. exclusively used to exploit a patent, such product is provided, without the permission of the patentee, for production or other business purposes, to another to carry out an act of patent infringement and the rights holder asserts that such act by the provider constitutes assisting another in committing an infringement, the People's Court shall uphold such assertion.
See the full translation.
Further reading
Retail and Wholesaling
Department of Electronic Commerce and Informatization of the Ministry of Commerce, Service Standards for Electronic Commerce Business in Connection with Cross-border Goods (Draft for Comments)
Department of Electronic Commerce and Informatization of the Ministry of Commerce, Service Standards for Electronic Commerce Business in Connection with Mobile Products (Draft for Comments)
The two Drafts propose that an online goods seller shall guarantee that any part of a good/product sold cross-border electronically or any part of a good/product sold via mobile terminals is free from intellectual property disputes brought by third parties such as patent, trademark or copyright infringement.
See the digest for more details.
See the digest for more details.
Further reading
Social Policy
PRC Charity Law
The subject of a charity donation shall be property and exclude provision of services or personnel recruitment. Also, individuals are not allowed to initiate any charity donations though they may ask for help.
Further reading
Intellectual Property
Supreme People's Court, Interpretation on Several Issues Concerning the Application of the Law in the Trial of Patent Infringement Disputes (2)
Where it is expressly known that a relevant product is a material, equipment, part, component, intermediate, etc. exclusively used to exploit a patent, such product is provided, without the permission of the patentee, for production or other business purposes, to another to carry out an act of patent infringement and the rights holder asserts that such act by the provider constitutes assisting another in committing an infringement, the People's Court shall uphold such assertion.
See the full translation.
Further reading
Retail and Wholesaling
Department of Electronic Commerce and Informatization of the Ministry of Commerce, Service Standards for Electronic Commerce Business in Connection with Cross-border Goods (Draft for Comments)
Department of Electronic Commerce and Informatization of the Ministry of Commerce, Service Standards for Electronic Commerce Business in Connection with Mobile Products (Draft for Comments)
The two Drafts propose that an online goods seller shall guarantee that any part of a good/product sold cross-border electronically or any part of a good/product sold via mobile terminals is free from intellectual property disputes brought by third parties such as patent, trademark or copyright infringement.
See the digest for more details.
See the digest for more details.
Further reading
Social Policy
PRC Charity Law
The subject of a charity donation shall be property and exclude provision of services or personnel recruitment. Also, individuals are not allowed to initiate any charity donations though they may ask for help.
Further reading
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