Abstract:
In the infringement dispute of the offshore virtual currency trading platforms, the actual controller of the trading platform in China tried to delay the litigation process by appealing jurisdiction objections and avoiding the judgment of the Chinese judicial authority. It is the core of the judicial authority to determine the jurisdiction of such cases to determine the domestic company or individual as the actual controller of an offshore virtual currency trading platform, and to determine the specific city in China as the place where the online infringement occurs. When judging the actual controller, the standard of “appearance of behavior” of the subject involved shall be followed, and the actual controller shall be investigated for legal responsibility in accordance with the relevant regulations of the actual controller. The location of the computer server where the infringment is carried out as the location of the infringing act, which is currently a more appropriate choice.“It is difficult to protect rights in the currency circle” is an objective fact. In view of the infringement disputes involving offshore virtual currency trading platforms, it is the current priority for effectively protecting the legitimate rights and interests of Chinese investors to give play to the role of judicial guidance. For this reason, with regard to jurisdiction determination of disputes over offshore virtual currency trading platform, Chinese judicial authorities should carefully identify the actual controller of the trading platform in China and determine that Chinese courts have jurisdiction in accordance with the law.
