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38 Rutgers L. Rec. 1 (2010-2011)

handle is hein.journals/rutglr38 and id is 1 raw text is: Rutgers Law Record RUTGERS LAW RECORD The Internet fornal of Rutgers School of Law | Newark \Vww.lawrecord.com Volume 38 2010-2011 CHINA'S APPROACHES TO INTELLECTUAL PROPERTY INFRINGEMENT ON THE INTERNET JESSE LONDON INTRODUCTION The state of intellectual property infringement jurisprudence on the Internet is rapidly changing.' Neither the courts nor rights holders who have relied on the legacy frameworks yet understand how to address the new market or technological landscape that the Internet is painting around them.2 Search engines, auction sites, and social networks are each examples of an Online Service Provider (OSP). These OSP's form the core of OSP's with which the law in each country must contend.' These OSP's are of central importance because they are the loci of a great amount of infringement in both copyright and trademark in international trade.' The issue is complicated because communities of people not affiliated with the OSP are often the main contributors of the infringing content.5 In light of recent cases in Asia, where courts have applied different methodologies and thus reached different conclusions, it is crucial to understand to what degree OSP's are liable for infringing content on their sites. The viral rate of change presents rights holders with the overwhelming problem of taking advantage of new opportunities while trying to protect themselves in courts with traditional infringement methods.7 Multinational Corporations (MNC's) face the special problem of having to deal with the courts in Asia adapting to the Internet in a variety of ways. Despite some influence 1 Eric P. Schroeder, Trademarks, The Internet, and the New SodalMedia: A Fresh Battlegroundfor Old Prmajles, 2009 WL 3358960 (ASPATORE), *10 (2009). Intellectual property jurisprudence is just developing in China, while changing significantly in places where the law is of older vintage. 21d 3 See id. at 1. 4 See id. at 10. I See id. 6 See, e.g., Danny Friedmann, Sweet Irony: Is IP Dragon Liable For Hosting IPR Infringing AdW/ords?, IP Dragon, (Oct. 14, 2009), http://ipdragon.blogspot.com/2008/01/internet-copyright-law-2006-difference.html. 7 Schroeder, supra note 1, at 1,10. 1 Volume 38 2010-2011

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