Research On The "Notification-Deletion" Rule Of Patent Infringement In E-commerce

The emergence of e-commerce has brought human society into a new era of the Internet.People’s consumption patterns have undergone tremendous changes.From physical stores to online stores,e-commerce has brought great convenience and new shopping experience to consumers.The e-commerce platform has become a popular place for online transactions,which inevitably leads to intellectual property infringement,especially patent infringement.This paper mainly studies the “notification-delete” rule in patent infringement in the e-commerce field.The research on this rule in China’s theoretical circles is mostly concentrated in the field of copyright,but with the promulgation of the “E-commerce Law” and the infringement liability of the Civil Code.The editors,more and more scholars began to pay attention to the “notification-delete” rules in patent infringement in the e-commerce field.The main questions that scholars have explored are whether the “notice-delete” rule can be introduced in patent infringement in the e-commerce field.If it can be introduced,how to introduce it.In this paper,the author believes that the patent infringement in the e-commerce field can introduce the “notice-delete” rule,and the full text takes this view to elaborate on various aspects of introducing the “notification-delete” rule in patent infringement in the e-commerce field.This paper is divided into four parts,the specific structure and content are as follows:The first part is the theoretical basis of the “notice-delete” rule for patent infringement in the e-commerce field.In this part,the author expresses the idea of agreeing to introduce the “notice-delete” rule in patent infringement in the e-commerce field,and through the necessity and feasibility analysis,explains the reasons that the author agrees.For example,through the summary of judicial practice,the “notice-delete” rule has long been applied to patent infringement in the e-commerce field.In addition,the opponents believe that the patent is professional,and it is unreasonable to introduce the “notice-delete” rule to the e-commerce platform.However,the author believes that this is not a question of the e-commerce platform obligation,but the degree of the problem.If the “Notification-Deletion” rule is specified in conjunction with the specific circumstances of the e-commerce field and the patent field after the introduction of the “Notice-Delete” rule,the introduction of the “Notification-Delete” rule in the patent infringement in the e-commerce field will not Become a problem again.The second part analyzes the judicial practice and analyzes the problems in the application of the “notification-delete” rule in patent infringement in China’s e-commerce field.By summarizing the cases,the author sorts out the writing ideas of the article,mainly from the legal status of the e-commerce platform,the reasonable attention to the degree of obligation,the constituent elements of the notice,and the identification of legal liability to explain the patent infringement in the e-commerce field in China.The shortcomings in applying the “Notice-Delete” rule,such as the disputed legal status of the e-commerce platform,the high level of due diligence of the e-commerce platform,and the unclear requirements for the qualified and effective notice.The third part is the extraterritorial experience of the “Notice-Delete” rule for patent infringement in the e-commerce field.In this section,the author analyzes the “notice-delete” rules of the United States,the European Union,Canada,and New Zealand.Through analysis,it is known that the United States,the European Union,etc.have not explicitly introduced the “notification-delete” rule into patent infringement in the e-commerce field,but in practice,the “notification-delete” rule has been extended to trademark rights,seed patent infringement,etc.These have made it possible to introduce the “notice-delete” rule into patent infringement in the e-commerce sector.In addition,because the “notification-delete” rule was first specified in the field of copyright,in this part,the author also elaborated on the current foreign regulations on the “notification-delete” rule in the field of copyright,which is worthy of reference in China,such as insisting on the balance of interests.Principles,prevention of abuse of rights,strict notification of requirements,etc.The fourth part is the perfection of the “Notice-Delete” rule for patent infringement in the e-commerce field.In this part,the author will combine the problems in judicial practice and the excellent experience abroad to explain how to improve the “notification-delete” rules in patent infringement in the e-commerce field.It is divided into legislative recommendations and supporting system design.The legislative proposals include clarifying the neutral status of the e-commerce platform,reducing the duty of care of the e-commerce platform,clarifying the constituent elements of the notice and improving the identification of tort liability.The supporting system includes the introduction of the “anti-notification-recovery” procedure,the establishment of a credit evaluation system,the improvement of the e-commerce platform’s review system for sellers and the cooperation mechanism with third-party professional institutions.