Regulation Of Malicious Complaints Of Patent Infringement Under The Background Of E-commerce Law

At present,patent infringement on e-commerce platform is very common,which restricts the healthy development of e-commerce.A large number of patent infringements have occurred in Alibaba's Taobao and Jingdong Mall platforms,which infringe on the legitimate rights and interests of patent owners.In order to effectively regulate intellectual property infringement,the rule of "notice-delete" has been introduced into the electronic commerce law.However,in terms of practical effect,the rule of "notice-delete" has great institutional deficiencies,lacking the relevant supporting systems such as the right to review counter-notification and the responsibility to bear false notification.As a result,a large number of "notice-delete" rules have been used to maliciously send false notifications.Behavior,especially during large-scale e-commerce activities such as "Double Eleventh" and "6.18",is intended to seek improper benefits or suppress competitors.This kind of behavior belongs to the malicious abuse of the "notice-deletion" rule,which seriously damages the legitimate rights and interests of businesses.From the point of view of current legislation,the revised draft of Patent Law and the Electronic Commerce Law stipulate the "Notification-deletion" rule.From the point of view of content,the "Notification-deletion" rule in the field of patent law copies the content of the Tort Liability Law.The "Notification-Delete" rule is refined and adjusted in the Electronic Commerce Law.The "Notification-Delete" rule is adjusted to the "Notification-Delete-Anti-Notification-Recovery" rule,which can better balance the interests of all parties.However,in order to mitigate or evade the responsibility of the platform,e-commerce platforms often shield or delete product links in cases of patent infringement complaints.Processing rules of e-commerce platform leave loopholes for illegal businesses,resulting in frequent malicious complaints.As a new type of infringement,malicious patent complaints in e-commerce platform have certain particularity,which not only damages the legitimate interests of businesses in e-commerce platform,but also has a negative impact on the healthy development of e-commerce industry.Therefore,how to identify and regulate it is very necessary at present.By comparing malicious patent complaints in e-commerceplatform with legitimate patent protection,abuse of patent rights and malicious patent protection offline,this paper makes a detailed analysis of their concepts,lists common means of malicious patent complaints in e-commerce platform,further reveals the causes of this phenomenon,and puts forward some suggestions for this type of behavior in the field of e-commerce.Identify standards,study the intellectual property complaint handling rules of major e-commerce platforms,and analyze the regulatory role of existing governance mechanisms of the platform for malicious complaints.Finally,combined with the current laws and regulations and the current situation of the industry in China,and drawing lessons from relevant cases and viewpoints in judicial practice,the author tries to put forward solutions and suggestions to solve the problem from the relevant angles of law and industry.