Abstract
It is increasingly common to find online shopping marketplaces selling forged or counterfeit products in China. One of the biggest, Taobao, has been involved in a series of cases in which the IPR owners required the company to accept joint liability with the sellers for counterfeiting. This paper reviews those cases and explores the latest developments in China’s judicial rulings concerning the liability of online marketplaces. In light of the recent court decision against Taobao, it is expected that online marketplaces will bear more responsibility for combating online counterfeits. The latest Chinese stance, which lies between the US approach and the EU approach, constitutes a significant development in fighting counterfeiting and will, in the long run, benefit the development of e-commerce in China.
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