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On November 10, the reporter of economic daily learned from the Supreme People's court that the intellectual property court of the Supreme People's court recently made a behavior preservation ruling within 26 hours after receiving the party's application, ordering tmall to immediately restore the applicant's sales link of the accused infringing products on tmall.com. This case is the first one made by the supreme law concerning the restoration of the preservation of e-commerce platform links. < / P > < p > in the dispute over infringement of utility model patent between Yongkang lianyue industry and Trade Co., Ltd., Yongkang lianyue industry and Trade Co., Ltd., the appellee, Cixi Bosheng plastic products Co., Ltd., and Zhejiang tmall Network Co., Ltd., the original trial defendant, etc., Bosheng company is the patentee of a utility model patent, which holds that the "mop artifact" sold by lianyue company on "tmall.com" constitutes a patent right to its patent right Therefore, the court of first instance was sued for infringement. < / P > < p > the court of first instance confirmed that the infringement was established, and ordered lianyue company to stop the infringement, and jointly and severally compensated the Bosheng company for the economic loss of 3.16 million yuan. Tmall immediately deleted and disconnected the sales links of the accused infringing products. Subsequently, tmall deleted the sales link of the accused infringing products on tmall.com. < p > < p > lianyue company and others filed an appeal to the Supreme People's court. In the second instance, the patent rights involved in the case were declared invalid by the State Intellectual Property Office, and the company said it would file an administrative lawsuit. < p > < p > on November 5, lianyue applied to the Supreme People's court for behavior preservation, requesting the court to order tmall to immediately restore the applicant's product sales link on "tmall.com", and proposed that due to the imminent "double 11" and emergency situation, the court was requested to make a ruling within 48 hours. After receiving the application, the Supreme Court of intellectual property shall contact the parties concerned immediately in the evening, deliver the relevant materials electronically, and organize the hearing of all parties in the morning of the next day. The collegial panel examined whether the accused infringer has the subject qualification to apply for the preservation of intellectual property, the rationality of the measures taken by the operators of e-commerce platforms to stop the infringement of intellectual property rights, the necessity of taking the measures of behavior preservation, and the determination of the amount of guarantee.

finally, within 26 hours after receipt of the application for action preservation, the Supreme Court of intellectual property rights ruled through the Internet remotely in court: first, Tmall immediately resumed the sales link of the defendant's infringing products on the Tmall online shopping platform; two, the balance of the Alipay account under the name of Yuen Yue company was 6 million 320 thousand yuan, and the time limit for the judgment was effective; three, From the date of the sale link of the recovered infringed product to the date when the judgment is effective, if the company's total sales amount of the infringing product exceeds 50% yuan after the link has been resumed, the remaining part of the sales volume should be retained in its Alipay account for 50% of the total sales amount, not to be withdrawn from the 6 million 320 thousand account. The ruling shall be executed immediately after it is made. < / P > < p > according to the supreme law, the interests of the patentee, the operators in the platform and the e-commerce platform are reasonably considered and balanced in the making of the ruling on preservation of conduct. Under the condition that the validity of patent rights involved in the case is in an uncertain state, the preservation ruling enables the operators in the e-commerce platform accused of infringement to operate normally online at specific sales opportunities such as "double 11", so as to avoid irreparable damage to their interests. At the same time, the Supreme Court decided to freeze the corresponding amount of the applicant's account and the possible benefits of continued sales after the restoration of the link, taking into account the possible loss to the obligee due to the restoration of the link. The ruling also relieves operators of e-commerce platforms from worries about being held responsible in the future after restoring links. After the ruling was made, lianyue said that it would strictly comply with the requirements of the ruling to perform its guarantee obligations. Tmall said that the ruling to solve the problem in a more efficient and more in line with the characteristics of the e-commerce industry is conducive to promoting the harmonious and stable development of the e-commerce industry. (reporter Li Wanxiang)

2023-03-22 10:04:22