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The Regulation Of Malicious Complaint Of Patent Infringement Complaint In E-Commerce

Posted on:2019-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:F X GuoFull Text:PDF
GTID:2416330551957011Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Malicious complaints in e-commerce with patent infringement is an abuse of the notice-takedown rule.The rule provides a efficient path to protect patent rights,and avoid electric business platform in overweight legal controversy,but there is a huge abuse crisis.Empirical study found that a large number of "intellectual property hooligans" used the notice-takedown rule to send malicious infringement complaints in the period of the e-commerce promotion,thereby making profit or suppressing competitors.The regulation of malicious complaints can proceed from the review of typical cases,hangzhou manboyu case shows that there is no uniform inspection standard for the subjective malice of the patentee.However the significance of Chen xiaojun's case is to determine the scope of the obligee's duty of care should cover the whole complaint process.The legal attribute of malicious complaint is an abuse of the patent procedural right,and the defects of rights and the improper exercise of rights are the main reasons for the malicious complaints.The patent of rubbish is the main expression of the defects of rights,and the improper exercise of right needs to be analyzed from two aspects:"behavior" and "market".The existing methods of regulating malicious complaints mainly start with perfecting the "notifying and deleting" rules,but relying on the rules alone will not provide more inclusive solutions.The externality and distributive justice of notice-takedown also indicate that it is difficult to internalize the abuse of rules by market order.The "notice" of patent infringement is essentially a right warning,so the regulation of the rights warning in major countries and regions can also be ap plied to the regulation of malicious complaints to a certain extent.Chinese int ellectual property rules is the newcomers,such as dancing baby case brings th e enlightenment of copyright law point of view,but Blazer case indicate that United States'policy is far from being competent for Chinese complex electric al business environment.The regulations of patent infringement malicious com plaints in e-commerce need stakeholder participation.On one hand,we should give full play to the advantages of e-commerce platforms and the functions of third-party institutions and Internet courts,on the other hand,we should use reasonable regulations on the basis of the comprehensive investigation of the department.
Keywords/Search Tags:E-Commerce, Patent Infringement, Malicious Complaints, the Notice-takedown Rule, Abuse of Rights
PDF Full Text Request
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