The Tort Law of People's Republic of China was
adopted on December 26, 2009, under which the IP rights, including
copyrights, patent rights, and exclusive rights to use trademarks,
are protected as individual rights and interests. Wang Shengming,
vice-chairman of the Legislative Affairs Commission under NPC,
commented, "Tort Law provides supplementary reference to the
protection of IP rights."
The principal remedies that a plaintiff can seek against a
tortfeasor are clearly prescribed in the Tort Law, namely:
cessation of infringement, removal of obstacles, elimination of
danger, returning property, restoration to the original state,
compensation for losses, making an apology, elimination of adverse
impacts and restoration of injured party's reputation.
Article 36 of the Tort Law deserves special attention because of
the rapidly increasing IPR infringement cases related to the
internet. According to article 36, internet users and internet
service providers bear tortious liability if they conduct
infringement through the internet. Where an internet user engages
in tortious conduct through internet services, the injured party
has the right to inform the internet service provider and the
latter must take necessary action against such tortious conduct.
The internet service provider failing to do so shall be jointly and
severally liable with the internet user with regard to the
additional injury or damage suffered. Where an internet service
provider knows an internet user is infringing other people's
individual rights and interests through its internet service but
fails to take necessary action, it shall be jointly and severally
liable with the internet user.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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