Research On The Problems Of Applying Notification-Take Down Rules Of The E-commerce Platform

China's GDP was 82.08 trillion in 2017.The Chinese E-Commerce Report(2017)compiled by the Ministry of Commerce showed that the total amount of e-commerce transactions in China reached 29.16 trillion in the same year,accounting for 35.6%of GDP and takes a large proportion in China's economy.2018 Alibaba Intellectual Property Protection Annual Report shows that the lump sum of intellectual property infringement cases that occurred in 2018 which the E-commerce Platform fought against amounted to 7.9 billion,and this is only the tip of the iceberg,the high-speed expansion of the e-commerce industry must bring a huge number of intellectual property infringement issues.The Electronic Commerce Law still listed intellectual property infringement as the key regulatory object in 2018.The Notification-Take Down Rule can be used before the dispute is brought a lawsuit as the first threshold for intellectual property protection of E-commerce Platform.It is of great significance to easily solve a large number of infringement problems.Therefore,perfecting the Notification-Take Down Rule in e-commerce is crucial to improving the protection of intellectual property in Chinese e-commerce.This paper explains and demonstrates the problems faced in the process of applying the Notification-Take Down Rule of the E-commerce Platform.On the basis of clarifying the development and historical evolution of the Notification-Take Down Rule,the article analyzes the problems faced by the E-commerce Platform in the process of applying Notification-Take Down Rule.At the same time.The paper also introduces and analyzes the relevant legislation and judicial experience at home and abroad,and urge that add the statutory constituent elements of Flawed Notice and Malicious Notice,and the timeliness of Notification-Take Down Rule.