| Since the 1990 s, with the rapid development of Internet technology, Internet-based transaction has been flourished at the same time. With the expansion of the online transaction scale and surging amount of trading commodities, infringement of intellectual property rights becomes more and more frequent, thus causing great impact on legitimate rights of right-holder and normal order of the market.Recent years, Online trading platforms have received and dealed with a large number of complaints and disputes of intellectual property annually. For instance, in contrast to copyright and trademark, it needs higher technical requirements to judge the patent infringement, and now there is no specific law applicable. Meanwhile, the courts also have some differences in distinguishing infringement liability in online trading infringement lawsuits. Due to not clear enough legal status, rights and obligations in relevant patent infringement, online trading platform provider is facing many challenges in dealing with patent infringement disputes, such as how to identify qualified and effective ‘notice’ and how to avoid undertaking joint liability thereafter in practice.To solve these problems, the author has made a comprehensive analysis of current status of patent infringement on Chinese online trading platforms in recent years combined with its general situation, and then identifies what difficulties online trading platform providers are facing. Further more, the author has analyzed legal status, liability principles and constituent elements for online trading platform providers, and also has studied the response options in patent infringement disputes combined with empirical cases, in order to present solutions for the application of online patent infringement law.This article includes the following five chapters: ChapterⅠ discusses the concept and types of online trading platform provider and makes a theoretical study on its legal status and obligations. ChapterⅡ identifies the specific problems online trading platform provider facing in patent infringement disputes, and analyzes the causes accounting for, combined with macro data and typical cases. ChapterⅢ lists legal basis for patent infringement liability of online trading platform provider, and focuses on its liability principles and constituent elements. ChapterIV classifies the specific applicable scenarios for paragraphs 2 and 3, Article 36, Tort Liability Act and makes an in-depth analysis combined with practical cases, and then the author gives some suggestions. ChapterⅤ concludes with some ideas and legislative proposals for relevant laws applicable for online trading platform providers involved in patent infringement disputes. |
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