Research On Intellectual Property Rights Of Indirect Infringement Liability Of Electronic Business Platform Under C2C Mode

With the in-depth development of knowledge economy and economic globalization,intellectual property has increasingly become the strategic resource of national development and international competitiveness of core essential factor.Our government work report clearly pointed out that we should take the system innovation to promote scientific and technological innovation.We should thoroughly implement intellectual property strategic plan of action,resolutely combat infringements,effectively take protection of inventions,and let innovation flourish tree.Under this background,our country electronic commerce especially under the Internet electronic business platform,have also developed rapidly,which have gradually affected people's way of life,and even promoted the transformation and development of China's economic and social development.Our electronic business platform develop rapidly,and at the same time also encounter some problems.And the most prominent is the platform of electronic business platform in the sale of counterfeit goods and there are a large number of violations of intellectual property rights.So the electronic business platform should bear the corresponding liability for tort.Therefore,this article selects a typical representative of the electric business platform of C2 C mode electric business platform.And it researches on the indirect infringement liability of intellectual property rights,in order to be adapted with the electricity industry development platform responsibility system,the protection of intellectual property right of intellectual achievements and the lawful rights and interests.This article uses the literature research method and case analysis method to study the indirect infringement liability of the C2 C mode electronic business platform.First of all,this article will define the the legal status of C2 C mode electric business platform as a network service provider,which has laid the theoretical foundation for the study.Secondly,it analyzes the current situation and problems of IP indirect infringement liability system of C2 C mode electric business platform,from legislative review and corporate governance point of views.And legislative issues include the lack of specialized electronic business platform IP liability legislation,"know" the provisions of refinement,and a counter notification and error notification liability system.In addition,business issues include access to sellers lax review,improper management of internal staff and unreasonable internal rules.Finally,this article is proposed legislation and measures to improve business,using Adhere to the technical principle of technological neutrality,changing the concept of tort and using the Internet and big data as the basic principle to improve.The innovation of this article include two specific aspects.Firstly,in the study of electronic business platform IP indirect infringement liability issues,because B2 C mode and associated mode electronic business platform sell products that infringe intellectual property rights of others,they should undertake the direct infringement of intellectual property rights directly.And there is no difference between general infringement liability and it.Therefore it elects C2 C mode electronic business platform for the study,and rules out the B2 C mode electronic business platform and associated mode electronic business platform in order to make research more targeted.Secondly,the existing studies were inadequate analysis of the existing legal regime exists from a legislative perspective.But This article is based on research in the legislative and selects Taobao as example.And it studies problems what measures should take,when electricity and commercial enterprises in assuming responsibility for indirect infringement of intellectual property rights.