Supreme People’s Court, Opinions on Several Issues Concerning Fully Leveraging Intellectual Property Trial Functions to Promote the Great Development and Great Flowering of Socialist Culture and to Promote Autonomous and Coordinated Economic Development
Claimant’s burden of proof may be reduced for monopolistic agreements that have serious anti-competitive effects.
Issue: March 2012
CLP Reference: 5100/11.12.16
Promulgated: 16 December 2011
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Issued: December 16 2011
Main contents: With respect to copyright over the internet, Article 6 states that whenever an act of providing internet services satisfies statutory conditions for exemption from liability, the internet service provider shall not be liable for damages for infringement. If such an act does not completely satisfy the statutory conditions for exemption from liability, but the internet service provider was not at fault, it too shall not be liable for damages for infringement.
Article 7 calls for duly handling the relationship between technology neutrality and determination of copyright infringement. With respect to technology that, other than principally being used for copyright infringement, has no substantive commercial purpose, it may be presumed that the technology provider ought to have known of the existence of the specific direct infringement, and shall bear joint and several liability with the direct infringer.
In respect of the imitative copying, painting, photographing or...