Research On Patent Infringement Liability Of Internet Transaction Plat Provider

The basic character of internet transaction plat results in that ITPP has different legal position with the internet users who directly upload the merchandise information during the process of patent infringement. So it seems to be more complicated to determine the infringement liability of ITPPThrough introducing a case, the paper leads to some problems including the legal position of ITPP in online transaction process and how to determine the infringement liability of patent. The paper determines what kind of infringement liability that ITPP should be accountable for. Meanwhile, the paper also gives some suggestions to perfect the legislation of the related areas through introducing the legislative and juridical experience of foreign countries.The paper finally reached the following conclusions: ITPP stands in neutrality and is not one of the parties in online transaction. If ITPP directly uploads the merchandise information which infringes other's patent right, it should take on the direct infringement liability. When ITPP intentionally entices and helps the users to infringe other's patent right, it should take on the joint and related infringement liability. If ITPP has the ability to control, supervise, or modify the merchandise information on the plat, when the patentee notifies that there is infringing merchandise on the plat, ITPP must delete the information concerned. If ITPP refuses to do so, it should be accountable for the extending of loss. If ITPP refuses to provide the materials and transaction record of the users, it should take on the liability.