Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Case Judgement Opinions Summary:

1、 In the disputes involving the infringement of intellectual property rights of e-commerce platforms, the operators in the platform apply to the people's court for the preservation of their behavior and request the operators of the e-commerce platform to restore links and services, etc. The people's court should review and comprehensively consider whether the request of the operators in the platform has a factual basis and legal basis, and whether it will cause irreparable damage to the operators in the platform if it is not restored, If the possible damage to the intellectual property owner caused by the restoration will exceed the damage to the operators in the platform caused by the maintenance of relevant measures, if the restoration will damage the social and public interests, whether there are other circumstances that are not suitable for restoration, and other factors, a decision will be made. If the people's court orders the restoration, the e-commerce platform operator shall cancel the original measures.

2、 The platform operator who applies for the preservation of the acts mentioned in the preceding paragraph shall provide a guarantee according to law. The people's court may order the platform operator not to withdraw a certain amount of money from its collection account for selling the sued infringing products through the e-commerce platform as a guarantee before the final judgment is made. This amount can be the infringement profit of the operators in the platform, that is, the product of the unit price of the sued infringing products, the profit rate, the contribution rate of the patent involved to the product profit, and the sales volume of the sued infringing products after the e-commerce platform cancels the relevant measures.