Resear Ch On "Notification-Delete" Rules In Trademark Infringement Of E-commerce Platform

The Internet provides a convenient,open and inclusive trading platform for our society,while creating a series of trademark infringements."Notice and take-down"rule came into being to deal with these new problems and promote a healthy development of e-commerce platform.As the discrepancies between trademark right and copyright,there are certain problems when applying the "Notice and take-down"rule in accordance with the Copyright Law.Through analyzing the application of legal system and limitations of the "Notice and take-down" rule in judicial practice in China,It is of great practical significance and theoretical value to explore the perfect suggestion of "Notice and take-down" rule in trademark infringement of e-commerce platform.The first part is the "Notice and take-down" rule in the trademark infringements of e-commerce platform.As an Internet service provider's,the e-commerce platform operator's legal responsibility is to provide virtual trading platform when still providing services help tort liability for the infringer after knowing the infringement."Notice and take-down" rule is "e-commerce platform operators' tort liability when getting the trademark rights of effective notice still taking no necessary measures to prevent the increasing of damage.The second part is the status of the "Notice and take-down" rule in the trademark infringement of e-commerce platform.The legal origin of the "Notice and take-down"rule in the trademark infringement of e-commerce platform is mainly the Tort Liability Law and the Regulations on the Protection of Information Network Transmission Right,which stipulates the subjective and objective elements of the "Notice and take-down " rule.The operator of e-commerce platform can only apply the"Notice and take-down " rule to take refuge when it is in conformity with the requirement,do not know or should not know.The third part is the problem of "Notice and take-down" rule in trademark infringement of e-commerce platform.The application of the "Notice and take-down "rule in the trademark infringement of e-commerce platform is unclear.Effective notification lacks standards.The necessary measures of e-business operators lack explaination.There is no system for abusing the "Notice and take-down" rule.The fourth part is the suggestion of "Notice and take-down" rule in trademark infringement of e-commerce platform.The "Notice and take-down" rule in trademark infringement of e-commerce platform should follow the principle of the balance between interests and neutrality of e-commerce platform operators.And establish"Notice and take-down" rule in electric business platform trademark infringement applicable supporting system,clear e-commerce operators reasonable duty and provision of the necessary steps to perfect "Notice and take-down" rule.