The Failure And Regulation On The Application Of Safe Harbor In Patent Infringement Of E-Commercial Platform

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.Most patent infringement cases involving electric business platform,apply the rules "notice-delete" haven,rarely make electric business platform provider bear the responsibility.Safe haven against the backdrop of rules from the protection of copyright,can be directly applied to patent infringement cases,the need for discussion.In the patent law modification draft SongShenGao,article 63 has been added,will haven rules into the patent infringement cases.But the infringement notice should have involved the conditions,the definition of the notification,the necessary measures and error notification of responsibility and a series of problems,are not yet clear.This paper mainly discusses the patent infringement and the difference of copyright infringement,point out that can't simply directly haven rules shall apply.From the protection of legal interests,the characteristics of the infringement,the difficulty of protection,hope that through the analysis of legal theory and judicial practice,the rules of safe haven for improvement,reasonable definition of the responsibility of the online trading platform providers,with clear form and constitutive requirements of tort.At the same time,puts forward some improving measures,hoping to solve electric business platform provider to audit the plight of the right holder,the alleged infringer,online trading platform providers is formed between the balance of interests.At the same time discusses the tort liability act,the correlative legislation in the patent law modification draft SongShenGao,to clear notice,necessary measures,such as no clear rules,try to made a detailed plan.