Two Sessions Focus | Zhou Shihong, Committee Member: Strengthen Judicial Protection of Intellectual Property Rights in the Online Environment
Zhang Xiaona, reporter for the Democracy and Legal System Times, reports from the Two Sessions
At this year's National Two Sessions, Zhou Shihong, a national committee member of the Chinese People's Political Consultative Conference and vice president of the Anhui Provincial Lawyers Association, submitted a proposal to amend and improve relevant legal provisions and strengthen the judicial protection of intellectual property rights in the online environment.
Zhou Shihong explained that the reason for this proposal is that intellectual property infringement in the online environment is easy to occur, frequent, and characterized by rapid and widespread infringement. The trial of online intellectual property infringement cases faces difficulties in evidence collection, proof, and authentication. Existing legal regulations can no longer meet the needs of intellectual property judicial protection in the context of the rapid development of internet information, and urgent reforms are needed in terms of protection concepts, procedures, and substance.
Zhou Shihong provided corresponding suggestions for the problems of intellectual property protection in the online environment concerning jurisdiction, evidence, preservation, and compensation.
Regarding jurisdiction, Zhou Shihong suggested amending relevant legal regulations to clearly define the scope of "place of infringement" and "place where the results of infringement occurred" in online intellectual property cases, clarify the jurisdiction and filing standards for intellectual property administrative and criminal cases, and comprehensively implement the "three-in-one" trial of intellectual property cases to promote the clarity and unification of intellectual property case jurisdiction.
Regarding evidence, Zhou Shihong suggested further improving the rules of evidence for internet cases; appropriately lowering the burden of proof for right holders; implementing a reversal and inversion of the burden of proof for special cases; establishing a nationwide unified third-party network/data company evidence preservation mechanism (electronic evidence platform) and rules; strengthening the obligation of network platform operators to preserve and provide evidence; and establishing technical investigation officers, expert assistants, technical appraisal, and expert consultation mechanisms for ascertaining technical facts.
Regarding preservation, Zhou Shihong stated that the Supreme People's Court issued "Typical Cases of Intellectual Property Rights Behavior Preservation" on December 13, 2018, and the "Provisions on Several Issues Concerning the Application of Law in Reviewing Intellectual Property Dispute Behavior Preservation Cases" has been implemented. This should be used to standardize preservation conditions, strengthen guarantee measures, and accelerate the efforts of courts at all levels to rule on the implementation of behavior preservation.
Regarding compensation, Zhou Shihong suggested: strengthening the functions of courts in evidence preservation and investigation and collection of evidence; innovating methods for ascertaining facts; establishing an intellectual property valuation and appraisal system; appropriately increasing the burden of proof and explanation for the defendant; increasing the obligation of the infringing party to disclose evidence; facilitating the accurate determination of the infringing party's sales volume and profit; and comprehensively applying punitive damages in patent and copyright infringement disputes.
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