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Patentee's Civil Compensation Liability For The Wrong Notice Of Notice And Takedown Rulr

Posted on:2020-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:N QiaoFull Text:PDF
GTID:2416330602961642Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Notice and Takedown Rule is a rule to clarify the deleting obligation and tort liability of the Internet service provider.It also provides a relief way for obligees when their rights are infringed.But when the notice is wrong,the deletion of Internet service providers will infringe legitimate users' rights and interests.The reasons why patentees are more likely to send a wrong notice are that the validity of patent is unstable,the judgement of patent infringement is complicated,Internet service providers have difficulties in accurately checking patent infringement and Notice and Takedown Rule lacks provisions on the liability of the patentees for wrong notices in China.Due exercise of rights,abuse of rights or lack of rights will result in wrong notices.In-platform business's damage caused by patentees'wrong notice include tangible material damage and intangible damage of business reputation.Determining the causality between patentee's wrong notice and in-platform business's damages should consider whether the wrong notice has a material influence on the Internet service provider's deleting behavior.Determining patentee's bad faith who has post a wrong notice should apply objective criterion.Beside objective criterion,we can also take the validity of a patent,counter-notice and the patentee's explanation for it,prosecution by the patentee and tort judgment document by the authority into account.In general,when the validity of a patent is unstable or the patentee can't explain the counter-notice,the patentee's subjective state will more likely to be determined as malicious.When the patentee sends a notice and file a lawsuit at the same time or the patentee has acquired a tort judgment document by the authority,his subjective state will more likely to be determined as in good faith.
Keywords/Search Tags:Notice and Takedown Rule, wrong notice, damage, causality, bad faith
PDF Full Text Request
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