The State Intellectual Property Office (SIPO) of China has recently issued the “Work Plan for the Special Action of Patent Law Enforcement and Right Protection in the E-commerce Sector”.
The purpose of this special action, said in the notice of print and distribution of the plan, is to create a quick responsive, quick acting, and quick coordinating mechanism; to explore and establish long-term mechanism for patent enforcement and protection in the ecommerce sector; to curb and fight against patent infringing activities in the ecommerce sector; and to create a patent-friendly ecommerce environment for rights owners, innovators, investors and consumers.
SIPO urges local IP bureaus to make sure the plan is fully deployed to create a patent-friendly ecommerce environment for rights owners, innovators, investors and consumers, while rights protection centres are responsible for coordinating patent protection matters with ecommerce trading platforms.
The plan indicates four manners for this action:
1) For obvious infringing activities, quickly delete or block links to infringing products;
2) For complex infringing activities, quickly delete or block links to infringing products with reference to advisory of patent infringing determination;
3) According to the mediation letter or settlement decisions, delete or block links to infringing products and close down online stores in time;
4) Investigate and deal with counterfeiting patents in the ecommerce sector.
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