Territorial Jurisdiction Over Intellectual Property Infringement During Online Shopping

The problem here is whether the court of "Plaintiff's domicile","receiving place of online shopping" and " Provider's place of online shopping platform " can acquire the jurisdiction of intellectual property infringement cases during online shopping a controversial issue in current judicial practice.It is difficult to sue in the case of intellectual property infringement during the online shopping in the courts of "defendant's domicile".Because it is unfair for the right holder to take higher cost and get lower winning rate.“The lex loci delicti” in the case of intellectual property infringement during online shopping has its own characteristics of unclear and wider scope.It is difficulty to sue in the courts of defendant's domicile,in which we can add "plaintiff's domicile" as jurisdictional area.Therefore,it is of practical significance to study and analyze whether the courts in these three places have jurisdiction.After reviewing relevant laws and regulations,the author finds that the legal provisions are not clear enough on this issue.On one hand,about adding jurisdictional area different scholar have different opinions;On the other hand,in the relevant cases from the different areas,the courts have different determination standards for jurisdiction:“the plaintiff's domicile”should be subjected to pay attention more than “the defendant's domicile”.The author believes that the“receiving place of online shopping ”is certain when it overlaps with the right holder's domicile,and thus consistent with the principle of certainty and reasonableness of the choice of jurisdictional place."Provider's place of Online shopping Platform” can be regarded as a place of jurisdiction when it overlaps with the right defendant's domicile.