Research On Regulation Of Malicious Complaints Of E-commerce Intellectual Property Rights

The emergence of malicious complaints about the intellectual property r ights of e-commerce platforms forces us to reflect on the deep-seated issues of t he intellectual property protection clauses of e-commerce platforms in the E-com merce Law.Through the analysis of semantic norms,it is found that the E-Com merce Law reflects the legislative thinking of priority protection of the interests o f complainers and the expansion of the platform operator's discretion.The operato r's right of operation in the platform is easily infringed,which makes the protecti on of the operator's interests in the platform unbalanced,and the protection of th e operator's right of operation in the platform is neglected.The reason is that the "notice-delete" rule is expanding in scope,content and responsibility.The "notice-delete" rule can not solve the conflict between the right to notify,the right to o perate and the right to adjudicate,and the limitations of the rule appear.This ne eds to re-regulate the system construction of malicious complaints of e-commerce intellectual property rights.In addition to the introduction and conclusion,this p aper is divided into the following five chapters.Chapter 1,through the analysis of the core content of platform intellectual pro perty complaint mechanism in the current e-commerce law of our country-"noti ce-delete" rule,finds that the complainer enjoys priority in the intellectual propert y complaint mechanism based on his legal right of notification,which facilitates t he abuse of complaint mechanism by malicious complainers to some extent.In the second chapter,it is analyzed that operators of e-commerce platforms ca n exercise legal adjudicative power under the "notice-delete" rule.The exercise of this adjudicative power can easily equate the notified intellectual property "comp lainer" with "intellectual property right holder",which provides a space for malici ous complainers to infringe on operators in the platform.Chapter 3,through the analysis of typical cases in the operation of e-commerce intellectual property rights in China,it is found that the interests of the compla ining party,the operator on the platform and the operator on the platform have b een seriously imbalanced in the current protection mechanism of e-commerce intel lectual property rights,and the conflicts between the right to notify,the right to operate and the right to adjudicate are highlighted.Chapter 4,by discussing the origin,development and scope of application of t he "notice-delete" rule related to the complaint mechanism of electronic commerc e intellectual property rights,finds that the "notice-delete" rule is expanding in the field of intellectual property rights,and explores the possible role and limitations of the existing "notice-delete" rule in regulating malicious complaints.The fifth chapter,aiming at regulating malicious complaints in the operation of e-commerce intellectual property rights,mainly includes the construction of classi fication regulation,the principle of balance of interests in regulation and the rule of "notice-delete".