Reflection On The Application Of The “ Notice And Take Down” Rule In The Patent Field

With the development of Internet technology,the e-commerce industry is developing rapidly.In recent years,the scale of e-commerce transactions in China has expanded rapidly.In 2018,China's e-commerce transaction scale exceeded 3 billion?There are many patent infringement issues.China tries to apply the “ Notice and take down” rule in the patent field.There are many controversies in the theoretical and practical circles.The writing ideas of this paper are existing problems,theoretical analysis,empirical analysis,and extraterritorial experience and suggestions.Summarize the main points of current academic circles.Using empirical research,comparative research,and literature analysis to find barriers to the application of notification deletion rules in the patent field.Then judge whether the " Notice and take down" rule can be applied in the field of patent.The main content of this article is as follows:The first chapter introduces the problems in the application of the patent field.The “Notice and take down” rule originally originated from the US Digital Millennium Copyright Act.Its purpose is to protect copyright.In recent years,China has tried to extend the “Notice and take down” rule to the patent field,but there are many problems.The second chapter is mainly to analyze the reasons of the application of the notification deletion rule in the patent field.First,compare the difference between copyright and patent rights.Analysis of the characteristics of patent infringement.Then analyze the legal status of the e-commerce platform.Then analyze whether the interests are balanced.Finally,from the perspective of the principle of indirect infringement to analyze.The third chapter mainly focuses on the case of patent infringement of ecommerce platform.Firstly,it introduces the trial ideas and key points of patent infringement cases in judicial practice.Then analyzed the validity of the notification.Finding the reason why a valid notice in a patent infringement case is difficult.Compare the responsibilities of the e-commerce platform.Judging whether it is reasonable.Finally,analyze the reasons for the error deletion.The fourth chapter makes recommendations based on extraterritorial experience and the current judicial situation in China.The United States,Japan,and Germany all adopt a cautious attitude toward the application of the “Notice and take down” rule,and neither apply the “Notice and take down” rule to the patent field.The views of foreign opposition to application are consistent with the views of this paper.On the basis of the application of the “Notice and take down” rule in the patent field,the paper puts forward the proposal of protecting the patent right of China's e-commerce industry.