Suitability Of Notification-Delete Rule In Patent Law From The Perspective Of Electronic Commerce

With the rapid development of e-commerce in China,e-commerce platforms represented by Alibaba and Jingdong have grown rapidly,and their influence is not limited to China.However,while e-commerce is booming,patent infringement on e-commerce platforms is very serious.To this end,the legislature tried to introduce the "notificationdeletion" rule which was originally applicable in the field of copyright,requiring the operators of e-commerce platforms to delete and block the links of related products immediately after receiving the qualified and effective notification of patent rights.However,since the publication of the Draft Amendment to the Patent Law(for examination),scholars have questioned the introduction of the "notification-deletion" rule into the patent field.In order to clarify the applicability of the "notification-deletion" rule in patent law,this paper first introduces the "notification-deletion" rule on the basis of scholars' research.It is found that DMCA originated in the United States has changed its meaning more or less after being used for reference by other countries(regions).Moreover,no precedent has been found for other countries(regions)to apply the "notification-deletion" rule to patent infringement disputes.Then it combs the dilemma faced by patent infringement disputes.The uncertainty of the legal status of e-commerce platform operators leads to the questioning of the rationality of the application of the "notification-deletion" rule and the difficulty in determining patent infringement,which may make it an unbearable burden for e-commerce platforms.After application,there may be some problems,such as the system of pre-litigation injunction of overhead patents,the serious imbalance of interests of all parties and the overflow of malicious complaints.All these restrict the application of the "notification-deletion" rule in the patent field,and are also the problems that have to be faced and solved in the application of the rule in the patent field.Then it analyses the necessity of introducing and reforming the rule in patent law,including the severe patent infringement situation in the field of electronic commerce,the application of the rule in judicial practice to resolve patent infringement disputes,the inadequacy of relevant legislation and the proper choice of e-commerce platform,etc.Although there are difficulties in its application,it is not realistic to choose to avoid or ignore the application of the rule altogether.Therefore,I think it is necessary to introduce the "notificationdeletion" rule in patent law.Combining with the applicable dilemma,the article finally puts forward some suggestions for improving the "notification-deletion" rule in the patent field.First,it clarifies the legal status of the operators of e-commerce platforms.As the operators of e-commerce platforms with both information storage space,search and link service providers,when patent infringement occurs on their platforms,they can be regulated by the "notification-deletion" rule.Business operators of e-commerce platforms should also undertake the duty of review,care and security when they profit from the transaction.If they violate the duty,they should bear the corresponding responsibility when patent infringement occurs.On the basis of sorting out the status,obligations and responsibilities of the operators of e-commerce platform,this paper puts forward some suggestions that the "notificationdeletion" rule can be better applied to the patent field,including the improvement of legislation and related supporting systems.