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

With the rise of e-commerce,the human society has gone into a new era of Internet.The way people consume tremendous changes,turning from physical stores to online stores,giving consumers great convenience and a new shopping experience.Third party e-commerce platform has become the main places for people in trading activities.The cases of infringement of intellectual property in the third party e-commerce platform are very popular,especially patent infringement cases.Through the analysis of patent infringement cases in China's e-commerce trading platform,we can see that it has the following typical characteristics:repeatability,scale,maliciousness,and a wide variety of goods.In addition,the determination of the infringing subject is more difficult,making it difficult to determine the patent infringement.The "Notice and take down" rule does not adapt to the patent field.This article first introduced the definition,characteristics and operation mode of the e-commerce platform.Through the analysis of some operating modes of the e-commerce trading platform,its legal nature was determined.The status of patent infringement and the problems faced by third-party e-commerce platforms.Second,analyze the legal status and obligations of third-party e-commerce platform providers.Discussions on the legal status of third-party e-commerce platform providers do not form a unified view in the theoretical and practical worlds.The reasons why they cannot form a unified view are as follows:The scope of application of legal concepts is inconsistent and the legal relationship is clearly lacking.The boundaries of standards,rights,and obligations are not clear.Therefore,it is necessary to regulate the legal status of third-party e-commerce platform providers through legislation,clarify their rights and obligations,and refine their standards and boundaries for assuming responsibility.Again,the third party e-commerce platform provider's patent infringement.From the liability principle,the constitutional elements,and the assumption of responsibility,etc.Article 36,paragraphs 2 and 3,of the Tort Liability Law of our country respectively establish the "notice' rule and "know" rule of the network service provider to assume joint tort liability.Finally,proposes to improve the system of liability for patent infringement of third-party e-commerce platforms.For the " notice and take down " rule in the field of copyright in the Internet that cannot properly handle infringement of patent right disputes,the development principle of balance of interests should be followed,supplementing and perfecting the "notice and take down" rule.The debate mechanism can be added to the "notice and take down"to establish a more complete infringement complaint handling system.In addition,introduce a liability guarantee system to prevent rights holders from abusing the right to complain.