Internet service providers and trademark infringement

On 19 January, the China Internet Network Information Centre issued its 27th Statistical Report on Internet Development in China. The report shows that the number of online buyers in the PRC is increasing at an annual rate of 48.6%, and that users of online payments and online banking are increasing at an annual rate of 45.8% and 48.2% respectively. This far outstrips the growth in other types of online activity.

While e-commerce offers flexibility and convenience, the infringement of trademark rights in the course of e-commerce transactions is also growing alarmingly. What are the legal obligations of online trading providers, and what recourse do trademark rights holders have?

Duty of care

Online trademark infringement is merely the extension of traditional trademark infringement to the online world. In terms of the law, there is no distinction between the two. Article 52 of the PRC Trademark Law, article 50 of the Trademark Law Implementing Regulations and article 1 of the Supreme People’s Court Several Issues Concerning the Application of the Law to the Trial of Civil Dispute Cases Involving Trademarks Interpretations apply as usual online.

Li Min and Gao Song are partners at Run Ming Law Office