Research On Territorial Jurisdiction Of Intellectual Property Infringement In Internet-Related Sales

Internet-related sales refers to the use of online platforms and online tools by m erchants to engage in sales activities.Intellectual property infringement disputes invol ving online sales are a common cause of civil action in recent years,and there are many jurisdictional objections raised in related cases.Whether the court of the plaint iff s domicile and the place of receipt of goods can exercise jurisdiction over intellec tual property infringement cases involving online sales is a controversial issue in cur rent judicial practice that needs to be resolved.The jurisdictional objections raised b y different local courts against the defendants have great differences in the ruling re sults,the reasons for judgment and the legal basis.There are also vague areas in th e existing laws and judicial interpretations.Patent infringement cases,trademark infri ngement cases and copyright infringement cases all have their own special circumsta nces,and it is not appropriate to generalize their infringement jurisdictions.The territorial jurisdiction of intellectual property infringement cases on internet-r elated sales is based on the Civil Procedure Law and judicial interpretations,and fur ther determines the jurisdiction of the place of the infringement and the domicile of the defendant.,under certain conditions,the place of the plaintiffs domicile and th e place where the contract is performed can be restricted as the connection point of jurisdiction.In patent infringement cases involving online sales,since patent infring ement occurs at two different stages of offering and selling,it is necessary to distin guish the concepts of offering and selling and their jurisdictional rules,and apply di fferent territorial jurisdictional rules;Coexisting with the infringement of sale,offer t o sell and sale,there are different considerations for the application of jurisdictional rules.In trademark infringement cases on internet-related sales,the determination of the jurisdiction rules should take into account the dual attributes of the plaintiff as a n intellectual property and a consumer.Due to their nature,well-known trademarks a nd geographical indications also require special consideration when applying the juris diction rules.In cases of copyright infringement on internet-related sales,the jurisdic tion rules applicable to the sale of virtual goods and physical goods are different,an d the jurisdiction of the copyright infringement case after the author’s death should c onsider the enthusiasm of the plaintiff.