The reporter learned from the Supreme People’s court that on the eve of “double 11”, the intellectual property court of the Supreme People’s court made a behavior preservation ruling within 26 hours after receiving the party’s application, ordering tmall to immediately restore the applicant’s sales chain of the accused infringing products on tmall.com. This case is the first case involving the restoration of the preservation of e-commerce platform links made by the supreme law. According to the introduction, in the dispute over infringement of utility model patent right between the appellant Yongkang lianyue industry and Trade Co., Ltd. and the appellee Cixi Bosheng plastic products Co., Ltd., and the original defendant Zhejiang tmall Network Co., Ltd., 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 to it Right infringement, so to the court of first instance. < / 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. Lianyue company and others appealed to the Supreme People’s court. < 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 intellectual property court of the Supreme People’s court immediately contacted all parties on that night, delivered relevant materials electronically, and organized all parties to have a hearing 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 People’s court intellectual property court 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 freezing of Yuen Yue company was 6 million 320 thousand yuan, until the date when the case was effective. Three. From the date when the link between the sales of the infringed infringing product is sold and the date when the case comes into effect, if the total sales amount of the infringing product of the company is more than 6 million 320 thousand yuan after the link has been resumed, the remaining part of the sales volume shall be retained in the Alipay account for 50% of the sales amount of the product, not to be taken for 50%. The ruling shall be executed immediately after it is made. 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. When 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, considering the possible loss to the obligee due to the restoration of the link, it is decided to freeze the corresponding amount of the applicant’s account and the benefits of continued sales after the link is restored. In addition, the ruling also relieves operators of e-commerce platforms from the worry that they will be required to take responsibility in the future after restoring links. After the ruling was made, lianyue company said that it would strictly comply with the requirements of the ruling to perform the guarantee obligations, and said that as one of many small and medium-sized enterprises in China, export and export sales have basically stagnated under the impact of the global epidemic. If the products cannot be sold in the domestic market, it will inevitably have an irreversible negative impact on the survival and development of the enterprise, and the ruling will enable the company to get rid of the impact of the epidemic More confident. According to tmall, a more efficient and more in line with the characteristics of the e-commerce industry will help promote the harmonious and stable development of the e-commerce industry. More Samsung devices can now run Android applications on PC through your phone