Research On The Responsibilities Of E-Commerce Platform Operators In E-Commerce Intellectual Property Rights

Innovation is the embodiment of the national comprehensive strength and an important driving force for the rich and strength of the country,the prosperity of the nation and the development of society.Respecting intellectual property is to respect innovation,and protecting intellectual property rights is to protect innovation.The rapid development of Internet technology has broken the traditional limitations of time and space.Intellectual property infringement has also rapidly spread from the traditional real space to the virtual interactive space.The e-commerce platform has become the hardest hit area for intellectual property infringement,and counterfeit and shoddy products are flooding.On the platform,People have difficulty defending their rights,but the existing legal provisions have little effect.As the opener and manager of the interactive space,the e-commerce platform operators should assume more obligations and responsibilities for intellectual property infringement on the platform,so as to better maintain the economic development order in the e-commerce field and promote the health,long-term development of the e-commerce economy.This paper analyzes its obligations and responsibilities in intellectual property infringement from the perspective of e-commerce platform operators,and proposes to improve the existing legal provisions and standardize the protection of intellectual property rights in e-commerce.This thesis consists of six chapters.The first chapter is the introduction.It analyzes the background and significance of this paper,sorts out the research status of the core issues at home and abroad,and introduces the main ideas,research methods and difficulties of this research.The sixth chapter is the conclusion,combing the main content of this paper,as well as the research process and related conclusions,and expounds and forecasts the shortcomings of this paper.Among them,from the second chapter to the fifth chapter is the core part of this article.The second chapter clarifies the basic concepts of e-commerce platform operators.The e-commerce platform operator is considered to be the operator of the virtual interactive space platform service.To better understand this concept,compare it with related concepts.In order to understand the views on whether the e-commerce platform has to bear more obligations and responsibilities in the judicial trial practice,the typical cases of intellectual property infringement of the e-commerce platform operators are sorted out.The analysis found that the main reason for the difference in court judgments is that they have different understandings of these issues: the legal status of e-commerce platform operators;the duty of care of e-commerce platform operators;and the return of e-commerce platform operators in IPinfringement The principle of responsibility;the criteria for the recognition of the e-commerce platform operators in the intellectual property infringement.The third chapter,in order to better answer the core questions of this article,put the vision to the international,and seek extraterritorial experience.By studying the legal provisions of the four countries include United States,Germany,Japan,and Singapore,as well as the European Union,it is found that the relevant regulations of these countries or organizations are earlier and more systematic,and the protection of intellectual property rights in the field of electronic commerce is increasing,but For the treatment of core issues,countries or organizations have different regulations depending on the specific circumstances of the region.The fourth chapter examines China's legal provisions on the responsibility of e-commerce platform operators in intellectual property infringement,and finds that the relevant laws and regulations in China are complicated and chaotic.The court trial mainly invokes the Tort Liability Law and the E-commerce Law.The reason why the judicial practice is different is that the relevant legal provisions are not perfect:the legal status of the e-commerce platform operators is not clear;the e-commerce platform operators' imperative obligations are not perfect;The principle of liability of e-commerce platform operators in intellectual property infringement is not scientific;the“know”standard of e-commerce platform operators in intellectual property infringement is vague;the“Safe Harbor”rules applicable to e-commerce platform operators in intellectual property infringement are not perfect.The fifth chapter,based on the problems existing in China's legal provisions and the development of China's e-commerce and extraterritorial experience,puts forward the thinking of perfecting the responsibility of e-commerce platform operators in intellectual property rights.First,clarify the legal status of e-commerce platform operators.The greater the benefits of the e-commerce platform operators in the transaction process,the greater their obligations and responsibilities.Second,improve the duty of care of e-commerce platform operators.Increase the review obligations of the same infringing information in the future,timely handling of obligations,and appropriate pre-existing obligations.Third,update the principle of liability of e-commerce platform operators in intellectual property infringement.In the compilation of the Civil Code Tort Liability Compilation,it is necessary to raise the requirements for the platform operators.Trademark and copyright infringement should apply the principle of fault presumption,while for patents infrngement should apply Fault liability principle.Fourth,it is clear that the e-commerce platform operators “know” the criteria for identification in intellectual property infringement.When compiling the Civil Code Tort Liability Compilation,we should change “know” to “actually know” or “should know”.Fifth,improve the applicable rules for “Safe Harbors” in the infringement of intellectual property rights by operators of e-commerce platforms.Only when the platform operators meet the statutory conditions can they enter the “safe haven”,and we should increase the administrative department's help to judge whether the platform operators can apply the “SafeHarbor” rules.After taking “direct benefit”,the platform operators will have to pay higher duty of care to enter the “safe haven”.