A Study On Online Shopping Goods Receiving Place As The Jurisdiction Of Intellectual Property Infringement Cases

Whether “Online shopping goods receiving place” can be the jurisdiction of intellectual property infringement cases,is a controversial issue that exists in the current judicial practice,waiting to be solved.The “Online shopping goods receiving place”jurisdiction issue arises,investigate its fundamental is caused by three reasons as follows:First,the infringement cases in the geographical jurisdiction of the "the place of tort" in the application of intellectual property infringement cases,the connotation of the increasingly broad and not clear features;Second,the plaintiff based on litigation facilities,litigation costs,the quality of trial and the amount of compensation and other factors to consider,trying to use online shopping infringing products involved in the way,specify the place of receipt to achieve the purpose of its manufacturing jurisdiction;Third,the court is based on the optimization of certain performance indicators,the use of the judge's discretion to fight for the jurisdiction of certain cases.It is not difficult to find out the relevant cases of Beijing,Shanghai,Guangdong,Jiangsu and Zhejiang.In practice,the courts have taken different treatment on whether Online shopping goods receiving place can be treated as the jurisdiction of intellectual property infringement cases.Among them,the Beijing area court generally believe that Online shopping goods receiving place cannot be used as jurisdiction;Shanghai,Guangdong and Jiangsu and other regions in addition to individual courts,the rest are recognized Online shopping goods receiving place as the jurisdiction of the practice;Although the Zhejiang District Court denied the practice of Online shopping goods receiving place only as a place of jurisdiction,but the purchase of Online shopping goods receiving place and the plaintiff to the land of the case,still the plaintiff to accept the grounds.This article through in-depth discussion and analysis that,from the legal level or from the jurisdiction of the system design principles,Online shopping goods receiving place can not be used as a jurisdiction of intellectual property infringement cases.In order to further improve the regional jurisdiction system of intellectual property infringement cases in China,In the case of legislation,the Supreme Court should,in its special judicial interpretation of intellectual property rights,clarify the special meaning of "selling" behavior of intellectual property infringement,realize the organic coordination of procedural law and substantive law of intellectual property rights,and also clarify theSupreme Court Judicature The interpretation has the same effect as the law of interpretation;In the case of judicial application,the Supreme Court shall issue a special rule of conflict on the special judicial interpretation of intellectual property rights.