绿洲慧写 | AI 辅助专利撰写专家

Tackling Patent Infringement on Chinese Online Platforms

Introduction

As China’s digital marketplace continues to grow at a breathtaking pace, it has become an indispensable part of global e-commerce. This remarkable expansion has brought numerous benefits, including increased business scalability and improved access for consumers. However, it has also led to a surge in patent infringement cases on online platforms, presenting a significant challenge to both innovators and businesses. These infringements not only threaten the foundation of intellectual property rights but also create substantial obstacles for creators and enterprises trying to protect their innovations.

Overview of the Chinese Patent Legal Framework

Foundation of Patent Protection

China’s patent law offers robust protection across three main categories: inventions, utility models, and designs. This legal framework is designed to encourage innovation and creativity, providing a safe space for businesses to develop new ideas without fear of unauthorized use or reproduction of their work. The protection granted by Chinese patent law is critical for businesses to defend their innovations against infringement.

Identification of Infringement

Understanding and identifying patent infringement is crucial. This includes recognizing unauthorized production, sale, or use of patented technology. There are two main types of infringement to be aware of: direct infringement, where patented products are made or sold without permission, and indirect infringement, which includes actions that contribute to unauthorized use.

Challenges of Patent Infringement on Online Platforms

Types of Infringement

Online platforms often see a range of patent infringements, including unauthorized sales and the distribution of counterfeit products. These infringements not only erode brand value but also mislead consumers, ultimately undermining trust in the market.

Monitoring Challenges

The sheer scale of online platforms makes it incredibly challenging to monitor and identify potential patent infringements. Many businesses turn to sophisticated data analytics and automated tools to help track and highlight potential issues.

Strategies and Best Practices for Addressing Infringement

Protective Measures

To prevent infringement, businesses can take proactive steps such as patent registration and brand marking. These measures are essential for establishing a legal framework that deters potential infringers.

Action Guide

When infringement is detected, businesses should first attempt to resolve the issue through dialogue with the platform. If necessary, they can leverage intellectual property protection programs offered by online platforms or pursue legal action to defend their rights.

Case Studies

Examining successful case studies can offer valuable insights into effective strategies for tackling patent infringement. These examples often highlight the importance of vigilant monitoring, legal action, and collaboration with online platforms.

【Case Study 1】

The article discusses patent infringement cases involving two products sold on Amazon: the Astronaut Projection Lamp (Projection lamp) and the Candle Warmer Lamp. The Astronaut Projection Lamp, a charming decorative item designed to create a universe-themed ambiance, projects realistic starry night patterns, offering children a glimpse into the universe’s wonders. However, this product was sued for infringing three U.S. design patents (USD969391S, USD965848S, USD977177S) on November 13, 2023. Another product, the Candle Warmer Lamp, a novel heating device that also serves as an aromatherapy tool, was sued for patent infringement on October 31, 2023, under U.S. design patent D995826. The article emphasizes the urgency of addressing the GBC lawyer’s letter and suggests settlement as the most effective and cost-efficient method to resolve patent infringement disputes.

【Case Study 2】

This case study examines the application of reverse behavior preservation in disputes over patent rights infringement on e-commerce platforms. Cixi Bosun Plastic Products Co., Ltd. (Bosun Company), the holder of two utility model patents, discovered products sold on Tmall and Taobao platforms suspected of infringing its patents. It initiated legal action against the sellers and requested an immediate halt to the infringement and compensation for economic losses of 3.16 million RMB. The first-instance court ruled in favor of Bosun Company, ordering an immediate stop to the infringement and compensation. However, during the second-instance process, the patents in question were declared entirely invalid, creating uncertainty regarding their validity. Consequently, Lianyue Company applied to the Supreme People’s Court for behavioral preservation to restore the sales link of the accused infringing products on the Tmall platform. The Supreme People’s Court granted the application, considering the uncertainty of the patent rights’ effectiveness and the severe impact on Lianyue Company’s normal operations. This case is the Supreme People’s Court’s first instance of applying reverse behavior preservation in e-commerce-related intellectual property disputes, clarifying the legal basis and criteria for such applications and effectively balancing the interests between the rights holder and e-commerce platform operators.

Recommendations for Policy and Legal Reform

Limitations of Current Legislation

The existing legal framework has certain limitations in addressing online patent infringement effectively. Challenges include jurisdictional issues, difficulties in evidence collection, and the dynamic nature of online transactions.

Reform Suggestions

To enhance patent protection, it’s crucial to consider legal and policy reforms. Recommendations include improving cooperation between online platforms and patent holders, streamlining legal processes, and updating legislation to address the specific challenges of the digital age.

Conclusion

Effectively tackling patent infringement on Chinese online platforms is vital for safeguarding intellectual property rights and promoting a fair competitive environment. By working together, stakeholders can implement effective monitoring strategies and push for legal reforms, significantly reducing the impact of online patent infringement.