A Study On The Intellectual Property Protection Of E-commerce Platform

With the popularity of the Internet and the rapid development of information technology, electronic commerce as a new economic model, is gradually influence our life, as the place where network shopping take place the e-commerce platform also grow quickly in recent years. The problem is that there are large numbers of infringing products in the e-commerce platform, it is not only harm the interests of consumers and the holders but also disrupted the market order of fair competition.The civil disputes of infringing products are also increasing, which involved e-commerce platform especially intellectual property disputes. Therefore, how to take practical measures to strengthen intellectual property protection in e-commerce platform, reasonable regulation of intellectual property infringement, accurate cognizance the holder of the intellectual property right infringement responsibility, the right balance and the social public interests has become a realistic problem urgently to be solved; Then use data and related investigation proved the serious situation of intellectual property infringement in the network shopping market, and thus leads to the focus of this thesis, namely to wade e-commerce platform intellectual property cases in the perspective of the related legal problems in the judicial practice to study how to protect intellectual property rights involving e-commerce platform;Secondly analyzing the legal issues of intellectual property refer to electronic commerce platform, including the procedure and entity problems, the procedure is mainly about the jurisdiction of the coupling, the identity confirmation and evidence of review and fixed, made a detailed analysis of the above problem through the concrete case and the law, and put forward my own views on the applicable of law and related problem, for the entity problems I mainly discuss about the legal status of the platform provider’s, fault and judging standard of fault, the effectiveness of the review, civil liability and the holder of the notice with the complaint; Finally, based on the present situation of intellectual property protection of the e-commerce platform and the existing problems in the judicial practice, from the legislative, executive, platform providers, industry associations, etc, in order to strengthen the e-commerce platform put forward some concrete measures of intellectual property rights protection.