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Study On The Jurisdiction Over International Trademark Infringement Disputes On Cross-border E-commerce Platform

Posted on:2022-12-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:J T LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Relying on the rapid development of Internet and information technology,as a manufacturing power,China has provided a wide variety of high-quality and low-cost commodities to the whole world through cross-border e-commerce platform.Especially along with the global outbreak of the COVID-19 has boosted the vigorous development of online e-commerce platform,and the cross-border e-commerce platform has become a channel for more and more Chinese local companies to go overseas.With the continuous maturity of electronic payment technology,it is reasonable to be expected that the development of cross-border e-commerce will break through the current market value.However,with the rapid development and strong rise of the cross-border ecommerce platforms,cross-border e-commerce commodity suppliers are frequently accused of trademark infringement cases overseas,and the Chinese enterprises are facing up with overseas prosecutions and enforcement measures.The above scenario undoubtedly threatens the security of cross-border product transactions of Chinese enterprises.It is necessary for China to make arrangements in line with international conventions and agreements,also align with the actual need of economic development of China and the common need from world economic and China wisdom are needed in this process.By analyzing and sorting out series of cases,the author finds out that there is a certain degree of similarity between the occurrence of trademark infringement cases in the cross-border e-commerce field and the results of the judgements.The similarity is that the plaintiff takes advantage of the judicial court,through choosing the favourable applical law and pushing the determination of the jurisdiction during the hearing,to make the determination of legal liability unfavorable to cross-border suppliers.Also,the same plaintiff will often file lawsuits against relevant suppliers through multiple cross-border e-commerce platforms based on the same trademark right.A case may involve hundreds of accounts,cover a wide range of suppliers and be claimed for a large amount of penalty,which is also a feature for this kind of case.It is the basis for plaintiff to exercise the jurisidctoin in those countries such as Europe and the United States adopting the principle of "long-arm jurisdiction" through legislation to have jurisdiction over non-resident defendants in civil litigation.Unfortunately,the current substantive law and procedural law of China do not have clear and specific clause over cross-border e-commerce platform trademark infringement cases.Except for the provisions on jurisdiction and territorial jurisdiction,the remaining foreign-related jurisdiction rules are the same as domestic ones,which cannot solve the jurisdictional issue of the current cross-border e-commerce supplier acting as a new business model entity sued overseas.Meanwhile,due to the characteristics of multiple countries location in different countries of cross-border e-commerce business model,the choice of jurisdiction for such trademark infringement cases are prone to conflict,which also have challenged the traditional civil and commercial jurisdiction system,which is embodied in the following three aspects,namely the challenge of the diversification of foreign-related scenarios to the coordination of jurisdictional conflicts;The registrability of trademarks could pose challenges to exclusive jurisdiction;and the ubiquitous infringement challenges the definition of territoriality.From the perspective of the jurisdiction of trademark infringement cases on crossborder e-commerce platforms,this article starts from the jurisdiction systems of the three regions which are the United Kingdom,the United States,and Europe,on the basis of the latest research trends of international organizations,and the usage of comparative analysis,historical analysis,and case analysis methods,to summarize and condense the jurisdiction issues of trademark infringement cases on cross-border ecommerce platforms from the basis of jurisdiction confirmation and the coordination of jurisdiction conflicts.,and deeply analysize the reason behind.This article put forward opinions and suggestions on improving the jurisdiction system of trademark infringement cases on cross-border e-commerce platforms in China.The author argues that we should make improvements on the basis of adhering to our country's existing foreign-related legal provisions,from two aspects:the basis of jurisdiction confirmation and the coordination of conflicts.This article suggests to maintain the principle of"plaintiff for defendant" and clear and detail the concept of country in the defendant's domicile,in order to establish the foundation of the basic level of jurisdiction.The principle of target country can be used as the standard for establishing special jurisdiction,to face up with the challenge of universal infringement to territorial jurisdiction.Due to the registrability of trademarks,the exclusive jurisdiction of trademark registration matters should be clarified,to sovle the disputes raised by the registrability of trademarks.It is also suggested that the relevant infringement cases should also be regulated by means of exclusive jurisdiction.Also,the scope of application of agreement jurisdiction should be relaxed.In terms of jurisdiction conflict coordination,from the macro level,it is suggested to establish a unified international convention,or to build up a common Internet Court at the international level,or make the cross-border e-commerce platform operators play the important role in solving trademark infringement disputes between the cross-border e-commerce suppliers and trademark rights holders;from the micro level in China,increase the provisions on parallel lawsuits and anti-suit injunctions,and improve the provisions on courts of inconvenience.The thesis is divided into Introduction and four sectors in the main body.In the"Introduction",the author will introduce the background of the topic selection and the main problems to be solved in this thesis,the purpose and significance of the research,the research status in domestic and abroad,the main research methods,and the key points,difficulties and innovations during the research process.Chapter 1 "Legal Issues on the Jurisdiction of Trademark Infringement Cases on Cross-border E-commerce Platforms".This thesis firstly analyzes the possible parallel imports,counterfeiting,the additional infringement liabilities the platform operators may bear and other trademark infringement issues that cross-border ecommerce suppliers may face up with.Also this thesis sorts out the current international regulations on trademark infringement cases on cross-border e-commerce platforms.The author deeply analyzes and summarizes the cases caused by the jurisdiction issue of trademark infringement cases on cross-border e-commerce platforms,also summarize the characteristics and the influences might brought by them.Chapter 2 "The Dilemma of Applying Traditional Jurisdiction Rules to Trademark Infringement Cases on Cross-border E-commerce Platforms".This chapter firstly introduces the general jurisdiction,special jurisdiction,agreement jurisdiction,exclusive jurisdiction and other traditional jurisdiction theories.Then,from the diversification of foreign-related scenarios,trademark registrability and the ubiquitous infringement challenges to the traditional jurisdictional rules.Finally,this chapter analyzes the efforts the international organizations have made to form a unified international convention,and the reason why the corresponding international integration convention has not yet been produced.By analyzing the "Model Law on Electronic Commerce",the discussion process of the draft Convention on Jurisdiction in Civil and Commercial Cases and Foreign Judgments,etc.,to deeply analyzes the key issues that the international community has been trying to solve on the cross-border ecommerce platform trademark infringement jurisdiction and combining the practical analysis of various regions and countries in order to propose solutions.The third chapter,"International Practice of Jurisdiction of Trademark Infringement Cases on Cross-border E-commerce Platforms".This thesis sorts out the practice of various countries,analyzes the deep reasons behind the practice and gives evaluations from two aspects:the basis of jurisdiction confirmation and the coordination of jurisdiction conflicts.At the basic level of jurisdiction confirmation,it focuses on general jurisdiction and special jurisdiction.In the discussion of general jurisdiction,the transition from the principle of "business activities" to the principle of"stay at home" in the United States,the principle of service in the United Kingdom and its impact after Brexit,and the European Union's more deterministic and predictable normative methods were discussed under a comparative analysis.Special jurisdiction focuses on the "issue of how to determine the place of jurisdiction in the case of ubiquitous infringement"to discuss the application of the "Minimum Contact "plus "purposeful use".Also how the United Kingdom defines the location of the infringements as the location of behavior,in order to adapt to the development ubiquitous infringement.And the target country judgment method confirmed by the EU through the latest case where the behavior is directed is the location of infringements.In terms of the coordination of jurisdictional conflicts,it analyzes the causes of jurisdictional conflicts from the level of specific regulations of the United States,the UK and EU,and proposes the principle of non-convenience of court,anti-suit injunction,negative declaration and specific methods for resolving jurisdictional conflicts of pending litigation.Chapter 4,"Improvement of the Rules for the Jurisdiction of Trademark Infringement Cases on Chinese Cross-border E-commerce Platforms",this capter firstly analyzes the regulations on the jurisdiction of trademark infringement cases in China's cross-border e-commerce platforms,including legislation,judicial interpretations and international conventions China has joined.It points out the problems on the aspects from the confirmation of trademark infringement cases on the Chinese cross-border e-commerce platforms and the conflict coordination.Deeply analysize the relavant political,economic and legal reasons behind the issues.In terms of the jurisdiction principles of trademark infringement cases on the Chinese crossborder e-commerce platforms,it puts forward the principles of "respecting national sovereignty,equality and mutual benefit coordination,facilitation of litigation and autonomy of will".It starts from the guiding principles for determination of jurisdiction,then puts forward suggestions for improving the basis for determining the jurisdiction of trademark infringement cases on cross-border e-commerce platforms and the coordination of jurisdiction conflicts.The basis for determining the jurisdiction of trademark infringement cases on cross-border e-commerce platforms is divided into four levels:general jurisdiction,special jurisdiction,agreement jurisdiction and exclusive jurisdiction;the coordination of jurisdictional conflicts is mainly carried out from the macro and micro levels.
Keywords/Search Tags:cross-border e-commerce platform, trademark right, infringement, basis of jurisdiction, conflict of jurisdiction
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