Research On Patent Infringement Liability Of Third Party E-commerce Platform

Since the end of the 20 th century,the traditional business operation mode has been undergoing profound changes with the increasing number of Internet users and the rapid improving rates of network penetration.Internet business activities has become a great part of people's lives.The e-commerce platform opens a wider space for transaction parties so that this unprecedented development changes people's way of life and provides a great convenience for people's lives.But at the same time,people's rights in electronic commerce transactions has been infringed by all kinds of reasons.There is a new coming issue that how to defend the rights and who pays for the tort liability.The third party e-commerce trading platform,as a network service provider,builds a bridge of communication between the parties and significantly reduces the transaction costs although it isn't involved in the actual transaction of goods and services.It plays an important role in online transactions and creates a new era of e-commerce service mode.Therefore,exploring the patent infringement legal liability of the third party e-commerce platform can be conducive to further standardize the services of third-party e-commerce platform,to balance the interests of the parties to the transaction,and to promote the e-commerce development to be healthy,rapid and orderly.The author in this thesis uses cases analysis and empirical analysis to explore the third party e-commerce platform from the following aspects:In the first part,the author introduces a case about the patent infringement disputes of the third party e-commerce platform from the guidance cases of the Supreme People's Court.In the judicial practice,these patent infringement disputes is a difficult problem in the trial of intellectual property rights.So we should make the court's judgments as the commence to this thesis,and study the third party e-commerce platform legal liability identification of the patent infringement could contribute to the understanding of itself in theoretical and practical domain.In the second part,the author elaborates the nature of both in legal status of the third party e-commerce platform and the legal liability for patent infringement,which is the necessity for identifying the third party e-commerce platform in the network transaction patent infringement in the legal responsibility.First,the author introduces the modes of commodity trading through the third party e-commerce platform,and then confirms that actually the third party e-commerce platform has legal relationship with the network users while the third party e-commerce platform does not have the legal subject qualification.The nature of the legal liability of the third party e-commerce platform provider is closely related to the identification of the legal liability.Finally,the author analyzes the nature of the legal liability of the platform provider.In the third part,the author analyzes the constituent elements of the patent infringement legal liability of the third party e-commerce platform.Owning to the judgment of the patent infringement is professional and complex,the author discusses the constituent elements from four aspects which are namely fault,tort,damage and result and causality and then the author clarifies the origin of patent infringement legal liability.In the fourth part,the author mainly discusses the main forms and applications of patent infringement legal liability of the third party e-commerce platform.Responsibility types is also often referred to as the form of responsibility which is a specific form of responsibility of the infringing party.In the patent infringement disputes,discussing the responsibility forms of the third party e-commerce platform means to specify its legal responsibility and recognize its legal responsibility more scientific.In the fifth part,the author makes a comprehensive analysis about the determination issue of the legal liability of the patent infringement to the third party e-commerce platform and then returns to the guiding case of the first part to consummate the “notification and deletion” rule in article 63(2)of the Draft Amendment to the Patent Law.Finally,the author gives the understanding of the case and relevant recommendations of the related patent infringement complains related to the third party e-commerce platform.